HomeMy WebLinkAbout1991-03-05; Municipal Water District; 087; Adoption of a Water Conservation Program,. . t
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CMWD - AGENDA BILL 0 I c .
AB# OS7 TITLE: DEPT. HD.r=
MTG. 3-5-9 1 ADOPTION OF A WATER CONSERVATION PROGRAM
DEPT.ADMIN. (ORDINANCE ~0. 35) AND RESCISSION 0~
ORDINANCE NO. 30
RECOMMENDED ACTION:
Adopt Ordinance No. 35 of the Board of Directors of the Carlsbad Municipal Water District finding the necessity for and adopting a water conservation program and rescinding Ordinance No. 30.
ITEM EXPLANATION
In December 1989 the Board adopted Ordinance No. 30, the District's Emergency Water Management Program. This Ordinance created four stages of severity that prescribed what types of water uses'would be allowed when water shortages occur. This Ordinance was identical to the San Diego County Water Authority's Model Emergency Water Management Program.
In May of 1990 the District adopted Resolution No. 658 declaring that a Stage II water alert be implemented. After the experiences and knowledge gained in nine months of implementing a Stage II water alert and recent events where the Metropolitan Water District and the County Water Authority are recommending a 30% conservation effort, it has been determined that Ordinance No. 30 is in need of major revision.
Therefore, Ordinance No. 35 is being presented to address the continuing drought situation with additional stages of water alerts that describe the different required conservation savings. This Ordinance No. 35 includes conservation efforts from Stage 1 to Stage 6, which requires a 40% conservation effort. Conservation efforts requiring more than a 40% reduction will be addressed in an Emergency Water Management Plan Ordinance. That ordinance will specify water emergency measures that will result in reduction of water use of 50% or greater. The Ordinance also requires some specific restrictions as it relates to water usage and refers to some suggested methods of conserving water that help meet the conservation goals of each stage.
Enforcement and penalties for violations of mandated restrictions and/or of the Carlsbad Water Ethic are, as noted in Section 7 of the Ordinance, for each specific violation. Penalties for continually exceeding the allocation target for individual users will be enforced through the newly adopted inclining block rate structure.
The Water Commission met on Wednesday, February 20, 1991 and recommends adoption of this Ordinance No. 35 and rescission of Ordinance No. 30.
Agenda Bill for Ordinance No. 35 (cont.)
FISCAL IMPACT
If reductions in water usage are realized for the various stages, a corresponding reduction in District revenue could occur. The District's portion of the per unit water charge used to offset District expenses is approximately 25 cents out of its total per unit charge. However, the District's recently adopted inclining block rate schedule is expected to minimize possible shortfalls. In addition, the District's annual budgetary process assumes minimal increases in water sales and any reduction in revenues would be minimal.
EXHIBITS
1. Ordinance No. 35
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ORDINANCE NO. 35
AN ORDINANCE OF THE CARLSBAD MUNICIPAL WAFER DISTRICT FINDING THE NECESSITY FOR AND ADOPTING A WATER CONSERVATION PROGRAM
BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal Water District as follows:
Section 1. Declaration of Policv. California Water Code Sections 375 et. seq. permit public entities which supply water at retail to adopt and enforce a water conservation program to reduce the quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity. The Board hereby establishes a comprehensive water conservation program pursuant to California Water Code Sections 375 et seq., based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortage.
Section 2. Findinss. The Board finds and determines that a water shortage could exist based upon the occurrence of one or more of the following conditions:
(A) A general water supply shortage due to increased demand or limited supplies.
(B) Distribution or storage facilities of the Metropolitan Water District of Southern California, the San Diego County Water Authority, the District, or other agencies become temporarily or permanently inadequate.
The Board also finds and determines that the conditions prevailing in the San Diego County area require that the water sources available be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented and that the conservation of such water be encouraged with a view to the maximum reasonable and beneficial use thereof in the interest of the people of the District and for the public welfare.
Section 3. Anulication. The provisions of this ordinance shall apply to all water served to persons, customers, and property by the District.
Section 4. Authorization. The District General Manager, or a designated representative, is hereby authorized and directed to implement the provisions of this ordinance. Additionally, the General Manager, or designated representative, is hereby authorized to make minor and limited exceptions to
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prevent undue hardship or unreasonable restrictions, provided that water shall not be wasted or used unreasonably and the purpose of this ordinance can be accomplished.
Section 5. Water Conservation Staaes. No person shall knowingly use water or permit the use of wate? supplied by the District for commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this ordinance, in an amount in excess of the amounts authorized by this ordinance or during any period of time other than the periods of time specified in this ordinance. At no time shall water be wasted or used unreasonably.
Unreasonable uses of water are those that violate the "Carlsbad Water Ethic," a policy adopted by the Board to establish a list of prudent water uses to be followed regardless of the availability of local or imported water supplies.
The following stages shall take effect upon declaration as herein provided:
(B) STAGE 1 - VOLUNTARY COMPLIANCE - WATER WATCH. Stage 1 applies during normal periods to encourage conservation by the reasonable use of water in accordance with the Carlsbad Water Ethic.
(Cl STAGE 2 - ENFORCEMENT REQUIRED - WATER ALERT. Stage 2 applies during periods that the District determines that water usage should be reduced approximately 10% in order to meet all of the water demands of its customers, either now or in the foreseeable future. Implementation of STAGE 2 should result in an average of 10% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 2 are as follows:
1.1 Construction Usage - All construction water must be reclaimed water or nonpotable water, if available.
2.1 Development Construction - a.) After declaration of Stage 2 and prior to issuance of any building permit, the developer will be required to certify that a 10% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph
24a.1, developer shall be required to present a Plan to identify how 10% of the projected average water usage generated by the development will be off set by reduction in water use by existing customers. The Plan must be approved by the
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General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
(D) STAGE 3 - ENFORCEMENT REOUIRED - WATER WARNING. Stage 3 applies during periods when the District determines that water usage should be reduced approximately 15% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 3 should result in a minimum of 15% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 3 are as follows:
1.1 Construction Usage - All construction water must be reclaimed water or nonpotable water, if available.
2.1 Development Construction -
a.1 After declaration of Stage 3 and prior to issuance of any building permit, the developer will be required to certify that a 15% reduction of the projected average water usage for that development shall be achieved.
b-1 In addition to the requirements in paragraph
2.)a.), developer shall be required to present a Plan to identify how 15% of the projected average water usage generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
(El STAGE 4 - ENFORCEMENT REOUIRED - WATER WARNING. Stage 4 applies during periods when the District determines that water usage should be reduced approximately 20% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 4 should result in a minimum of 20% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 4 are as follows:
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* 1.) Construction Usage - All construction water must
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2.1 Development Construction - -
a.1 After declaration of Stage 4 and prior to issuance of any building permit, the developer will be required to certify that a 20% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph
Wa.), developer shall be required to present a Plan to identify how 20% of the projected average water usage generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
STAGE 5 - ENFORCEMENT REOUIRED - WATER WARNING. Stage 5 applies during periods when the District determines that water usage should be reduced approximately 30% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 5 should result in a minimum of 30% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 5 are as follows:
1.1 Landscape (except residential) - Eliminate watering of ornamental turf areas. Water only actively used turf areas no more than twice per week. Trees and shrubs may be watered only twice per week using a hand held hose with a positive shutoff nozzle or drip irrigation. Use of reclaimed water, however, is exempt.
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2.1 Household and Household Members (Residential landscapes) - Water no more than twice per week using only hand held hose with positive shutoff nozzle or drip irrigation systems. Eliminate 2411 sprinkler use.
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3.) Construction Usage - All construction water must be reclaimed or nonpotable. Issuance of construction meters will be only for testing and disinfection of potable waterlines.
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4.) Development Construction - a.) After declaration of Stage 5 and prior to the issuance of any building permit, the developer will be required to certify that a 30% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph
44a4, developer shall be required to present a Plan to identify how 30% of the projected average water usage generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
((3 STAGE 6 - ENFORCEMENT REOUIRED - WATER WARNING. Stage 6 applies during periods when the District determines that water usage should be reduced approximately 40% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 6 should result in a minimum of 40% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 6 are as follows:
l-1 Landscape (except residential) - Same requirements as Stage 5 plus irrigate playing fields only.
2-l Household and Household Members (Residential landscapes) - Same as Stage 5 _and no outside irrigation except with water reclaimed from indoor use with hand held bucket to effect a 40% cutback.
3.) Construction Usage - Same as Stage 5.
4.) Development Construction -
a.1 After declaration of Stage 6 and prior to issuance of any building permit, the developer will be required to certify that a 40% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph 4.)a., developer shall be required to present a Plan to identify how 40% of the projected average water usage
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generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation ?nay be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
RECOMMENDATIONS ON METHODS OF CONSERVING WATER DURING THE VARIOUS STAGES ARE ATTACHED AS EXHIBIT 'A' (RESPONSE STAGE ACTIONS).
Section 6. Imnlementation of Conservation Stases. The District shall monitor the projected supply and demand for water by its customers on a daily basis. The Manager shall determine the extent of the conservation required through the implementation and/or termination of particular conservation stages in order for the District to prudently plan for and supply water to its customers. Thereafter the Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this Ordinance. The declaration of any stage beyone STAGE 1 shall be made by a mass mailing and public announcement and notice shall be published a minimum of three (3) consecutive times in a newspaper of general circulation. The stage designated shall become effective immediately upon announcement. The declaration of any stage beyond STAGE 1 shall be reported to the Board at its next meeting. The Board shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different stage.
Section 7. Penaltv.
(A) Penalties. It shall be unlawful for any customer of the District to fail to comply with any of the provisions of this Ordinance and of "The Carlsbad Water Ethic." Failure to comply with any of the provisions of this Ordinance and of The Carlsbad Water Ethic shall be as follows:
1. For the first violation by any customer of any of the provisions of this Ordinance or the Carlsbad Water Ethic, the District shall verbally notice the fact of such violation to the customer.
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 personal notice of the fact of such violation to the customer.
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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 &e-half inch (i- l/2") size and comparatively sized restrictors for larger services upon a prior determination that the customer has 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 compliance with this Ordinance or the Carlsbad Water Ethic regarding the conservation of water. Such action shall be taken only after a hearing held by the District Manager or designee, where the customer has an opportunity to respond to the District's information or evidence that the customer has 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 compliance with this Ordinance and the Carlsbad Water Ethic regarding the conservation of water.
As determined by the General Manager any such restricted service may be restored upon application of the customer made not less than forty-eight (48) hours after the implementation of the action restricting service and only upon a showing by the customer that the customer is ready, willing and able to comply with the provisions of this Ordinance or the Carlsbad Water Ethic regarding the conservation of water. 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.
Any willful tampering with or removal of any flow restriction device shall result in termination of service for a period to be determined by the General Manager.
(B) Notice. The District shall give notice of each violation to the customer committing such violation as follows:
1. For any violation of the previsions of this Ordinance or the Carlsbad Water Ethic, the District may give written notice of the fact of such violation to the customer personally or by United States mail, First Class, Registered postage paid.
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2. If the penalty assessed is, or includes, the installation of a flow restrictor to the customer, notice of the violation shall be given in the following manner:
(a) By giving written notice thereof to the customer personally; or
(b) If the customer be absent from or unavailable at either his place of residence or his assumed place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the United States mail, First Class, Registered postage prepaid, addressed to the customer at his place of business, residence, or such other address provided by the customer for bills for water or electric service if such can be ascertained; or
(cl If such place or residence, business or other address cannot be ascertained, or a person of suitable age or discretion at any such place cannot be found, then by affixing a copy in a conspicuous place on the property where the failure to comply is occurring and also be delivering a copy to a person of suitable age and discretion there residing, or employed, if such person can be found, and also sending a copy through the United States mail, First Class, Registered postage prepaid, addressed to the customer at the place where the property is situated as well as such other address provided by the customer for bills for water or electric service if such can be ascertained.
Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and statement informing the customer of his right to a hearing on the violation.
Appeals. Any customer against whom a penalty is levied pursuant to this section shall have a right to an
appeal I in the first instance to the District General Manager or designee with the right of appeal to the District's Water Commissioners, on the merits of the alleged violation, upon written request of that customer to the District within fifteen days of the date of notification of the violation.
Section 8. CEOA Exemption. The Carlsbad Municipal Water District finds that this Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act as specific actions necessary to
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prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b) (4) and the California Environmental Quality Act Guidelines Section 15269(c). The Manager of the District is hereby authorized and directed to-file a Notice of Exemption as soon as possible following adoption of this Ordinance.
Section 9. Repeal of Ordinance No. 30. An Ordinance of the Carlsbad Municipal Water District Finding the Necessity for and Adopting an Emergency Water Management Program to Replace Ordinance No. 28 (Ordinance No. 30) is hereby repealed in its entirety.
Section 10. Effective Date and Publication. This Ordinance shall become effective as of the date of adoption and shall be published within ten days of adoption, pursuant to the California Water Code Section 376.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Carlsbad Municipal Water District at a meeting held on
March 5, 1991 I by the following roll call vote:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
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EXHIBIT 'A'
page 5 of 5
Michael “Kelly” Rogers
7578 Navigator Cir.
Carlsbad CA 92009
(619) 438-4246
March 2, 1991
TO: Mayor Bud Lewis & Council Members
RE: Water Rationing Exemption
Dear Mayor and Council Members,
My wife and I are writing you because we are unable to appear at
this Tuesday’s meeting to express our views personally.
We are extremely conscientious about our water usage but because
of our circumstance, we face the impossible situation of trying
to live on as little as 20 gallons per day, 10 gallons per
person! We must be granted some sort of exemption, otherwise we
will not be able to comply with the new rationing regulations.
This is why we are petitioning.
We have lived in Carlsbad for 2 years. We purchased our second
home in South Carlsbad on Bataquitos Bay last August where we
currently reside. Unfortunately, the house was nearly vacant for
about 5 months of 1989-1990, the benchmark year for the new water
rationing program. Water usage was extremely limited, monthly
usage was 1,200-3,200 gallons, used primarily for watering the
small yard (total square footage of our yards is about 1,000 sq.
ft.). That is roughly 40-80 gallons per day!
We are both employed professionals and are very conscientious
with our water consumption but we couldn’t possibly lower our
water usage to 40-80 gallons per day much less reduce that by
another 25-503. That could be as little as 20 gallons per day
for our household! Impossible! Unfair!
There must be a reasonable minimum allowance of water per
household per person that would be fair to households such as
ours. Households which have traditionally used much more than
their fair share will in effect be rewarded for their prior over-
usage.
We seriously ask you to consider our grave circumstance that a
fair and reasonable solution will be rendered. Your
consideration will be very much appreciated.
Sincerely,
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
February 24, 1’591
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at OceansideCalifornia, this day of , 26 . a ..-1 e-----7&e ---- cgL ----------
Signature
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street
P.O. Box 90 Oceanside, CA 92054 (619) 433-7333
This space is for the County Clerk’s Filing Stamp !.-
Proof of Publication of
Notice of Public Hearing .
___-_----------------- -_--_----_-_---------------------
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II NOTICE OF
WATER
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l?acsimilt? Trammittal Sheet
Enpjncering (619) 438-3367
Admbistration (619) 438-2722
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Name: kL+fM
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This Message is Being Sent From c Carlsbad Municipal Water District By
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Title:
A To-r-u OF 7 PAOES .&a BEIW Tata- Iwcrusa~l Tens TEWMWML SW.
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NOTICE OF PUBLIC HEARING
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NOTICE 18 HEREBY GIVEN that the Board of Directors of the
CarlBb&d Municipal Water District will hold a public hearing at the City Council Chambers, 1200 Carlebad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6~00 p.m. on Tuesday, March 5, 1991, to consider the adoption of Ordinance NQ. 35 Finding the Necessity for and Adopting a Water Conservation Program within the boundaries of the Carlsbad Municipal Water District.
If you have any questions regarding this matter, pleame call the Carlsbad Municipal Water District at 438-2722.
If you challenge the proposed Water Conservation Program in court, you may be limited te raising only those issues raised by you or someone notice, else at the public hearing described in this or in written Cerrespend8nCe delivered to the City of carlsbad, City Clerk's office at or prior to the public hearing.
APPLICANT: Carlsbad Muniaipnl Water DiEatri& PUBLISH: February 24, 1991
BOARD OF DIRECTORS CARLSBAD MUNICXPAL WATER DISTRICT