Loading...
HomeMy WebLinkAbout2009-03-17 - Executive-Administrative-Organizational Committee Meeting Agenda Packet i Yorba Linda Water District EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING Tuesday, March 17, 2009, 8:00 a.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020 AGENDA COMMITTEE STAFF Director John Summerfield, Chair Pat Grady, Assistant General Manager Director William R. Mills Cindy Botts, Management Analyst PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. ACTION ITEMS This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 1 Water Conservation Ordinance Recommendation: That the Committee recommend adoption of the water conservation ordinance by the full Board of Directors. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 2. Report on Legislative Activities - Sacramento Advocates 3. Report on Grant Activities - Townsend Public Affairs I 4. General Counsel's Monthly Summary Billing Reports ADJOURNMENT The next regularly scheduled meeting of the Executive-Administrative-Organizational Committee will be held April 21, 2009 at 4:00 p.m. i Items Distributed to the Committee Less Than 72 Hours Prior to the Meetina Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. 2 ITEM NO. AGENDA REPORT Committee Meeting Date: March 17, 2009 To: Executive- Administrative-Organizational Committee From: Pat Grady, Assistant General Manager Staff Contact: Cindy Botts, Management Analyst Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: $0 Dept: Subject: Water Conservation Ordinance SUMMARY: In response to the ever worsening water supply situation Board of Directors of the Yorba Linda Water District has opted to develop a water conservation ordinance, to take effect July 1, 2009. The Metropolitan Water District of Southern California (MWD) supports its retail agencies taking this proactive step with continued access to rebate program funds. DISCUSSION: The ordinance was drafted using a sample ordinance provided by MWD, and the majority of this ordinance is suggested, including the permanent conservation requirements and a penalties and violations section. Specific penalties, however, including those that are monetary, are not mandatory portions of the ordinance, only the existence of penalty and enforcement provisions. Additionally, items in blue ink are not required for compliance with MWD's standards for this ordinance, but are required for BMP 13: Water Waste Compliance, as established by the California Department of Water Resources through the California Urban Water Conservation Council (CUWCC), and are highly recommended by the Municipal Water District of Orange County (MWDOC) for inclusion. In addition to permanent water conservation requirements, the ordinance also details four water supply shortage levels that hold further restrictions that the District can apply at its discretion. This is consistent with the District's 2005 Urban Water Management Plan. A Hardship Waiver process has also been included in the ordinance, may be granted by the General Manager and can be further appealed to the Board of Directors. As part of the ordinance, an implementation plan is required for communication to the public. This plan will be discussed with the Public Information-Technology Committee on March 19, 2009. The following is the anticipated schedule of approval: ■ Review of Ordinance: Executive-Administrative-Organizational Committee March 17, 2009 ■ Review of Implementation Plan: Public Information-Technology Committee March 19, 2009 ■ Initial Draft of Ordinance: Board of Directors March 26, 2009 ■ Secondary Draft of Ordinance: Board of Directors and Public Hearing April 9, 2009 ■ Adoption of Ordinance April 23, 2009 STAFF RECOMENDATION: That the Committee recommend adoption of the water conservation ordinance by the full Board of Directors. I ORDINANCE NO. XX-XX ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING WATER CONSERVATION MEASURES, PROHIBITION AGAINST WATER WASTE AND WATER SHORTAGE SUPPLY CONTINGENCIES WHEREAS, California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions; and WHEREAS, storage in the Colorado River system has dropped to fifty-five percent of total capacity; and WHEREAS, the California Aqueduct has been restricted by up to thirty-five percent, due to a federal court ruling to protect the Delta Smelt; and WHEREAS the Governor of the State of California proclaimed a statewide drought and issued a State of Emergency to address the California water shortage, requesting that all water users reduce their water use by twenty (20) percent and asking all water agencies to assist their customers in reducing their use through a water conservation program; and WHEREAS, the Orange County Grand Jury investigated solutions into the looming water crisis in California and recommends in its report for local water agencies a goal of ten-percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation of conservation-inducing pricing; and WHEREAS, the Metropolitan Water District of Southern California is currently in a "Water Supply Alert" phase and urges implementation of "extraordinary conservation measures", such as conservation pricing, outdoor water restrictions, prohibition of runoff, enhanced rebates, and coordination with the Municipal Water District of Orange County to develop a unified regional message and to accelerate media and outreach campaigns. In addition, they are requiring ordinances from all agencies that receive rebate incentives detailing water conservation measures, prohibitions against water waste and associated penalties; and WHEREAS, the Municipal Water District of Orange County, the regional imported water provider, has enacted a resolution asking every Orange County resident and business to immediately reduce their water usage by ten- percent; and WHEREAS, the Orange County Water District has implemented the "OC Water Herd" public education campaign, urging customers to conserve twenty gallons of water per person, per day; and WHEREAS, the Yorba Linda Water District has broad authority to enact water conservation rules under the laws of the State of California; and WHEREAS, the adoption of water conservation measures would assist in avoiding or minimizing the effects of a water shortage in Southern California; and WHEREAS, the 2005 Urban Water Management Plan, approved by the Board of Directors of the Yorba Linda Water District, states four levels of water supply shortage conditions, each of which is at the discretion of the District to detail. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the Yorba Linda Water District that all water users adopt the following water conservation measures, prohibition against water waste and water shortage supply conditions. These measures would be effective as of July 1, 2009. 1. Permanent Water Conservation Measures and Prohibitions Against Water Waste. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. a. Limits on Watering Hours: Watering or irrigation of lawn, landscape or other vegetated area is prohibited between the hours of 8:00 a.m. and 6:00 p.m. on any day, except for the express purpose of adjusting or repairing an irrigation system. b. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area is limited to fifteen (15) minutes watering per day. This subsection does not apply to landscape irrigation system that exclusively use very low-flow drip type irrigation system when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. c. No Watering During Rain: Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining and/or rain is forecasted for that day. d. No Excessive Water Flow or Runoff: Water or irrigation of any lawn, landscape or other vegetated area in a manner that cause or allow excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. e. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alley, is prohibited except when necessary to alleviate safety or sanitary hazards and then only by use of a hand-held bucket or similar container, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. f. Obligation to Fix Leaks, Breaks, or Other Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have been reasonably been discovered and corrected and in no event more than three (3) days of receiving notice from the District, is prohibited. i g. Re-circulating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. h. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. i. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. j. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. k. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service. 1. No Installation of Non-re-circulating in Commercial Car Wash and Laundry Systems: Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry system. I m. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. n. Commercial Car Wash Systems: Effective on July 1, 2009, all new commercial conveyor car wash systems must have installed operational re-circulating water systems. or must have secured a waiver of this requirement from the District. 2. Level 1 Water Supply Shortage a. A Level 1 Water Supply Shortage exists when the District determines, in its sole discretion, and as outlined in the 2005 Urban Water Management Plan, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon declaration of a Level 1 Water Supply Shortage, the conservation measures indentified in this section will become effective. b. Additional Water Conservation Measures: In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage unless superseded below: 1. Limits on Watering Days: Watering or irrigation of lawn, landscape or other vegetated area in the months of April to October is limited to four (4) days per week on a schedule posted by the District and in the months of November to March, is limited to three (3) days per week on a schedule posted by the District. This subsection does not apply to landscape irrigation system that exclusively use very low-flow drip type irrigation system when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. Level 2 Water Supply Shortage a. A Level 2 Water Supply Shortage exists when the District determines, in its sole discretion, and as outlined in the 2005 Urban Water Management Plan, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage, the conservation measures indentified in this section will become effective. b. Additional Water Conservation Measures: In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste, the following water conservation requirements apply during a declared Level 2 Water Supply Shortage unless superseded below: 1. Limits on Watering Days: Watering or irrigation of lawn, landscape or other vegetated area in the months of April to October is limited to three (3) days per week on a schedule posted by the District and in the months of November to March, is limited to two (2) day per week on a schedule posted by the District. This subsection does not apply to landscape irrigation system that exclusively use very low-flow drip type irrigation system when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Obligation to Fix Leaks, Breaks, or Other Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have been reasonably been discovered and corrected and in no event more than two (2) days of receiving notice from the District, is prohibited. 4. Level 3 Water Supply Shortage a. A Level 3 Water Supply Shortage exists when the District determines, in its sole discretion, and as outlined in the 2005 Urban Water Management Plan, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon declaration of a Level 3 Water Supply Shortage, the conservation measures indentified in this section will become effective. b. Additional Water Conservation Measures: In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage unless superseded below: 1. Limits on Watering Days: Watering or irrigation of lawn, landscape or other vegetated area in the months of April to October is limited to two (2) days per week on a schedule posted by the District and in the months of November to March, is limited to one (1) day per week on a schedule posted by the District. This subsection does not apply to landscape irrigation system that exclusively use very low-flow drip type irrigation system when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Limits on Filling Swimming Pools & Spas: Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas is prohibited. 5. Level 4 Water Supply Shortage- Emergency Condition a. A Level 4 Water Supply Shortage is also referred to as an "emergency" condition. A Level 4 Water Supply Shortage exists when the District declares, in its sole discretion, and as outlined in the 2005 Urban Water Management Plan, a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon declaration of a Level 4 Water Supply Shortage, the conservation measures indentified in this section will become effective. b. Additional Water Conservation Measures: In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste, the following water conservation requirements apply during a declared Level 4 Water Supply Shortage: 1. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use: i. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device; ii. Maintenance of existing landscape necessary for fire protection; iii. Maintenance of existing landscape for soil erosion control; i iv. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks, Breaks, or Other Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have been reasonably been discovered and corrected and in no event more than one (1) day of receiving notice from the District, is prohibited. 3. No New Water Service: Upon declaration of a Level 4 Water Supply Shortage Emergency condition, no new water service will be provided and no new temporary meters or permanent meters will be provided, except as is necessary to protect the public health, safety, and welfare. 6. Hardship Waver a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section. b. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water 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. 1. Application: Application for a waiver must be on a form prescribed by the Yorba Linda Water District and accompanied by a $25 non-refundable processing fee. 2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. 3. Required Findings for Waiver: An application for a waiver will be denied unless the Board of Directors 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 District, all of the following: i. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; ii. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; iii. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, will not be detrimental to the public interest; and iv. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 4. Approval Authority: The General Manager must act upon any completed application no later than fourteen (14) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the General Manager can be appealed to the Board of Directors by written notice within seven (7) days of the date of the denied waiver. The applicant will then be notified of the date of their appeal within seven (7) days of the District's receipt of their intent to appeal. 7. Penalties and Violations a. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows: 1. First Violation: The Yorba Linda Water District will issue a written warning and deliver a copy of this ordinance. 2. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100). 3. Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed two hundred and fifty ($250). 4. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred ($500). L Water Flow Restrictor- 48/48 Program: In addition to any fines, the District may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services. The restrictor will be installed by the District forty-eight (48) hours after written notice of intent to install and will remain installed for a minimum of forty eight (48) hours. Removal of the flow restrictor is at the discretion of the General Manager. ii. Discontinuing Service: In addition to any fines and the installation of a water flow restrictor, the District may disconnect a customer's water service for willful violations of mandatory restrictions in this chapter. b. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this ordinance is responsible for payment of the District's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the District's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. c. Notice and Hearing: 1. The District will issue a Notice of Violation by mail or personal delivery at least seven (7) days before taking enforcement action, with the exception of fourth and subsequent violations. Such notice will describe the violation and the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, the appeal will be fully reviewed by the General Manager, with a Notice of Decision sent to the appealer by mail within fourteen (14) days. 2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the District may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Level condition. PASSED AND ADOPTED this _m day of , 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: John W. Summerfield, President ATTEST: Kenneth Vecchiarelli, Secretary I 1/22/09 - Version 2 Metropolitan Water District of Southern California Model Water Conservation Ordinance 1122/09 - Version 2 1/22/09 - Version 2 Table of Contents Introduction 3 Model Water Waste Ordinance Section I: Title 4 Section II. Findings 4 Section III. Declaration of Purpose and Intent 4 Section IV. Definitions 5 Section V. Application 5 Section VI. Permanent Water Conservation Requirements 6 Section VII. Level 1 Water Supply Shortage 7 Section VIII. Level 2 Water Supply Shortage 8 Section IX. Level 3 Water Supply Shortage Emergency 9 Section X. Procedures for Determination and Notification 10 Section XI. Hardship Waiver 10 Section XII. Penalties and Violations 12 Section XIII. Severability 13, Other Measures Available for Consideration 14 Appendix Water Conservation Summary Table 16 1/22/09 - Version 2 2 1/22/09 - Version 2 Introduction The Metropolitan Water District of Southern California (Metropolitan) developed this model conservation ordinance as a tool to help local jurisdictions to adopt and enforce local water conservation ordinances in hopes of increasing water efficiency. The model ordinance is a tool that can be adapted or revised by member agencies and local governments to improve water use efficiency within their jurisdictions. The model water conservation ordinance form and structure is consistent with many existing water conservation ordinances adopted by local agencies throughout southern California and includes many similar provisions. It also contains provisions that have been previously recommended in the California Urban Water Conservation Council's Best Management Practices and the Department of Water Resource's Urban Drought Guidebook. This model ordinance is written for the benefit of cities, counties and water districts and contains italicized comments throughout the ordinance that identify the provisions that may be specific to these different types of entities. As a result, it can be readily adapted to apply to different types of entities, including a city or county with a municipally owned water service, a city or county that is not a water provider, or a public water district. The model water conservation ordinance includes permanent water-waste prohibitions, escalating water restrictions to be implemented over three water-supply shortage conditions, penalties and violations, and other general provisions for consideration. The permanent water-waste restrictions include primarily behavioral measures such as limiting irrigation times, prohibiting the washing of paved surfaces, and controlling excessive runoff. A number of cities, counties, and water districts within Metropolitan's service area have already adopted many of these permanent restrictions. The model's escalating water restriction levels mirror Metropolitan's Water Supply Alert resolution and progress from permanent baseline restrictions to mandatory reductions during a water supply allocation. The model ordinance purposely does not contain specific triggers for determining water supply levels, such as a certain percentage of required water reduction or certain amount of reduction in supply. The number of escalating water restriction levels and the actual triggers for determining particular water supply conditions is left to the discretion of the adopting entity. The model ordinance contains penalty provisions that allow for criminal, civil, and administrative enforcement, and include such penalties as monetary fines, water flow-restrictions, and termination of service. Other methods of enforcement could include water conservation rate-structures. The model ordinance also contains other provisions for adopting entities' consideration, including requirements to utilize recycled water, development of water conservation plans, water-waste hotlines, limits on new building permits, and implementation of water allocations. In essence, the model water conservation ordinance provides a menu of options for member agencies and local governments to better control local water use and address the current water supply conditions within their jurisdictions. Adopting entities will need the input and guidance of their governing bodies and legal counsel when considering how to adapt or revise the model ordinance to address their particular conditions. 1/22/09 - Version 2 3 1/22/09- Version 2 ORDINANCE NO. AN ORDINANCE OF [GOVERNING BODY OF JURISDICTIONAL ENTITY] ESTABLISHING A WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM AND REGULATIONS Section 1: Title. This chapter will be known as the [INSERT ENTITY] Water Conservation and Water Supply Shortage Program. Section II. Findings. a. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region. b. Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues. C. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs. d. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof e. Article X1, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. [Not applicable to water districts] f. California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. [Not applicable to city /county that is not a water provider] g. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the [ENTITY]'s potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the [ENTITY]. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. Section III. Declaration of Purpose and Intent. a. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the [ENTITY] through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and 1/22/09 - Version 2 4 1/22/09 - Version 2 maximize the efficient use of water within the [ENTITY] to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. b. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. Section IV. Definitions. a. The following words and phrases whenever used in this chapter have the meaning defined in this section: 1. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of [ENTITY], or any other user of water provided by the [ENTITY]. 2. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. 3. "Large landscape areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land. 4. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed. 5. "Potable water" means water which is suitable for drinking. 6. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations. 7. "Billing unit" means the unit of water used to apply water rates for purposes of calculating water charges for a persons water usage and equals _ [To be determined by ENTITY]. [Not applicable to city/ county that is not water provider] Section V. Application a. The provisions of this chapter apply to any person in the use of any potable water provided by the [ENTITY]. b. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services. C. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section Vl(a). 1/22/09- Version 2 5 1 22 09 - Version 2 d. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial groN.ers to sustain plants. trees, shrubs, crops or other vegetation intended for commercial sale. e. This chapter 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 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 stormwater management plans. Section VI: Permanent Water Conscrvation Requirements - Prohibition :against Waste he ti►II(minw, v%aler collser\,Itio,n iryuiremcnts are cflccli~c at all times and arc pcrnrulcnt. Viola lolls, of this section will be considered \.astc and an unreasonable use of'\Natcr. in 1411) ;m_ Ordinance requirement,I a. Limits on Watering llour.s: atering or irrigating of lawn, landscape or other Negetated a. area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. I Ti►urv and/or to be determined by ENTITY] Pacific Standard Time on any day, except by use of a hand- b. satisfv water shut-off nozzle or device, or for very short periods of time for the express purpose of the MET adjusting or repairing an irrigation system, reps. b. Limit on Watering Duration: Watering or irrigating of law n, landscape or other %evelated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. d. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards. and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to rec.rle an. water used, or a low-volun►e high-pressure water broom. U. Obligation to hi. I.eaks. Breal.s or Nla lI'll nclions: L.cessi.c use, loss or escape ol'water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonable been discovered and corrected and in no event more than seven (7) days I lime iu hc rh'rrrruint'd by ENTITY] of receiving notice from the ]ENTITY], is prohibited. ]Items in BLUE are required for BMP 13: Water Waste I'rc\cntiOll L01111)lianccI f. Re-circulating Water Required for Water Fountains and Decorative kN ater Features: Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. 6 1 n2~09 - Version 2 1!22!09 - Version 2 g. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van., bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. h. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe. cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. i. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. j. No Installation of Single Pass Cooling Systems: Installation of single pass cooling si stems is prohibited in buildings requesting new water service. k. No Installation of Non-re-circulating in Commercial Car 1\ash and Laundr*N IN stems: Installation of non-re-circulating water systems is prohibited in new commercial conyc.or car wash and new commercial laundry svstems. 1. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. m. Commercial Czar Wash Systems: Effecik a on .lannar'N 1. _ Tn he defermilled h1. ENTITI'l, all new commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the Section VIII: Level 1 Water Supply Shortage a. A Level 1 Water Supply Shortage exists when the [ENTITI] determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the [ENTITY] of a Level I Water Supply Shortage condition. the [ENTITY] will implement the mandatory Level 1 conservation measures identified in this section. b. Additional Water Conservation Measures: In addition to the prohibited uses of water identified in Section VI, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage: I . Limits on Watering Days: Watering or irrigating of lawn, landscape or other vc`"etated area with potable water is limited to three days per week on a schedule established and posted by the [ENTITY]. During the months of November through March, watering or 7 1122109 Version 2 1/22/09 - Version 2 irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the [ENTITY]. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self- closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the [ENTITY] unless other arrangements are made with the [ENTITY]. Section VIII. Level 2 Water Supply Shortage a. A Level 2 Water Supply Shortage exists when the [ENTITY] determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the [ENTITY] of a Level 2 Water Supply Shortage condition, the [ENTITY] will implement the mandatory Level 2 conservation measures identified in this section. b. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI and VII, the following additional water conservation requirements apply during a declared Level 2 Water Supply Shortage: I. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the [ENTIM. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the [ENTITY]. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the [ENTITY] unless other arrangements are made with the [ENTITY]. 3. Limits on Filling Ornamental Lakes or Ponds: Filling or re-filling ornamental lakes or ponds is prohibited, 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 supply shortage level under this ordinance. 4. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized 1/22/09 - Version 2 8 1/22/09 - Version 2 or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water. 5. Limits on Filling Residential Swimming Pools & Spas: Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. Section IX. Level 3 Water Supply Shortage - Emergency Condition a. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 3 condition exists when the [ENTITY] declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water Supply Shortage condition; the [ENTITY] will implement the mandatory Level 3 conservation measures identified in this section. b. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI, VII, and VIII, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage Emergency: I . No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the [ENTITY] has determined that recycled water is available and may be applied to the use: i. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device; ii. Maintenance of existing landscape necessary for fire protection; iii. Maintenance of existing landscape for soil erosion control; iv. Maintenance of plant materials identified to be rare or essential to the well-being of protected species; V. Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week according to the schedule established in Section VIII(b)(1) and time restrictions in Section VI(a) and (b)(1); vi. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty four (24) hours of notification by the [ENTITY] unless other arrangements are made with the [ENTITY]. 3. a. No New Potable Water Service: Upon declaration of a Level 3 Water Supply 9 1/22/09 - Version 2 1/22/09- Version 2 Shortage Emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will 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) will be issued, except under the following circumstances: I . A valid, unexpired building permit has been issued for the project; or 2. The project is necessary to protect the public health, safety, and welfare; or 3. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the [ENTITY]. This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. [Not applicable to city /county that is not a water provider] or b. Limits on Building Permits: The [ENTITY] will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the [ENTITY]'s adopted conservation offset requirements. [Not applicable to water districts] 4. Discontinue Service: The [ENTITY], in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section. [Not applicable to city/ county that is not a water provider] 5. No New Annexations: Upon the declaration of a Level 3 Water Supply Shortage condition, the [ENTITY] will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. Section X. Procedures for Determination / Notification of Water Supply Shortage a. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or Level 3 Water Supply Shortage conditions may be declared by resolution of the [ENTITY] adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the [ENTITY] must publish a copy of the resolution in a newspaper used for publication of official notices. If the [ENTITY] activates a water allocation process, it must provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the [ENTITY] customarily mails the billing statement for fees or charges for on-going water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. Section XI. Hardship Waiver 10 1/22/09 - Version 2 1/22/09- Version 2 a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section. b. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water 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. 1. Application: Application for a waiver must be on a form prescribed by the [ENTITY] and accompanied by a non-refundable processing fee in an amount set by [GOVERNING BODY OF ENTITY] resolution. 2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. 3. Required Findings for Waiver: An application for a waiver will be denied unless the [Title of 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 [ENTITY] or its Agent, all of the following: i. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; ii. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; iii. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the [ENTITY] to effectuate the purpose of this chapter and will not be detrimental to the public interest; and iv. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 4. Approval Authority: The [APPROPRIATE ENTITY MANAGER] must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply too the subject property during the period of the mandatory water supply shortage condition. The decision of the [APPROPRIATE ENTITY MANAGER] will be final. 11 1/22/09 - Version 2 1 /22/09 - Version 2 Section XII. Penalties and Violations Metropolitan requires Penalty and Enforcement Provisions. The following are some examples of possible penalties. Please Note: monetary penalties are not required.] a. Misdemeanor: Any violation of this chapter 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 one thousand dollars ($1,000), or by both. b. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows: 1. First Violation: The [ENTITY] will issue a written warning and deliver a copy of this ordinance by mail. 2. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100). 3. Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed two hundred and fifty ($250). 4. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred ($500). i. Water Flow Restrictor: In addition to any fines, the [ENTITY] may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight (48) hours. [Not applicable to city /county that is not a crater provider] 5. Discontinuing Service: In addition to any fines and the installation of a water flow restrictor, the [ENTITY] may disconnect a customer's water service for willful violations of mandatory restrictions in this chapter. [Not applicable to city I county that is not a tirater provider] c. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this ordinance is responsible for payment of the [ENTITY]'s charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the [ENTITY]'s schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the [ENTITY] before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. [Not applicable to city I county that is not a water provider] d. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. e. Notice and Hearing: 1. The [ENTITY] will issue a Notice of Violation by mail or personal delivery at least ten (10) days before taking enforcement action. Such notice must describe the violation and 12 1!22/09 - Version 2 1/22/09 - Version 2 the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the [ENTITY] no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the [ENTITY] will mail written notice of the hearing date to the customer at least ten (10) days before the date of the hearing. 2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the [ENTITY] may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Level condition. Section XIII. Severability If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The [GOVERNING BODY OF ENTITY] hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is declared invalid. Other Measures Available for Consideration a. Water Allocations and Mandatory Reductions I . Water Allocations / Water Budget: The [ENTITY] will activate a water allocation process using a method that does not in effect penalize persons for prior implementation of conservation methods or installation of water-saving devices. The [ENTITY] must provide notice of activation of the allocation process by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the [ENTITY] customarily mails the billing statement for fees or charges for on-going water service. Following the effective date of the water allocation, any person using water in excess of the allocation will be subject to a penalty in the amount of for each billing unit of water in excess of the allocation. The penalty for excess water usage will be cumulative to any other remedy or penalty that may be imposed for violation of this ordinance. [Not applicable to city / county that is not a water provider]. [Appropriate in Level 1, 2 or 3] or 2. Mandatory Percentage Use Reductions: During a Level _ [To be determined by ENTITY] Water Supply Shortage condition, all customers will be required to reduce water consumption by a percentage determined by the [ENTITY]. [Not applicable to city /county that is not a water provider]. [Appropriate in Level 1, 2 or 3] b. Large Landscape Areas - Rain Sensors: Large landscape areas, such as parks, cemeteries, golf courses, school grounds, and playing fields, that use landscape irrigation systems to water or irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such 13 1/22/09 - Version 2 1/22/09 - Version 2 systems during periods of rain or irrigation timers which automatically use information such as evapotranspiration sensors to set an efficient water use schedule. C. Construction Purposes: Recycled or non-potable water must be used for construction purposes when available. d. Water Recycling Required if Available: The use of potable water, other than recycled water, is prohibited for specified uses after the [ENTITY] has provided to the user an analysis showing that recycled water is available, a cost-effective alternative to potable water for such uses and the user has had a reasonable time, as determined by the [ENTITY], to make the conversion to recycled water. [Not applicable to city /county that is not a water provider] e. Water Recycling -New Service: Prior to the connection of any new water service, an evaluation must be done by the [ENTITY] to determine whether recycled water exists to supply all or some of the water needed and recycled water must be utilized to the extent feasible. [Not applicable to city / county that is not a water provider] f. City / County Water Recycling Plan: The [ENTITY] must prepare a water recycling master plan that contains recommendations to increase the amount of recycled water used and must report to the [ENTITY GOVERNING BODY] annually on the progress towards implementing such recommendations. [Not applicable to water districts] g. City / County Conservation Reports: Upon request of the [ENTITT], [ENTITY] Departments must prepare and submit quarterly reports on their water conservation efforts. The reports will be consolidated by the [APPROPRIATE ENTITY MANAGER] and reported to the [ENTITY GOVERNING BODY] at a minimum of once a year. [Not applicable to water districts] h. Customer Water Conservation Reports: The [ENTITY] may, by written request, require all commercial, residential and industrial customers using [To be determined by ENTITY] or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations. i. Water Conserving Plumbing Standards 1. Retrofits Upon Sale or Transfer: On or after January 1, 2010, no structure may be sold or transferred unless all existing plumbing fixtures in the structure are retrofitted exclusively with water-conserving plumbing fixtures. [Not applicable to water districts] 2. Change in Service: On or after January 1, 2010, upon the establishment of new water service or a change in water service from one person to another non-family member, all existing plumbing fixtures must be retrofitted exclusively with water-conserving plumbing fixtures. [Not applicable to city / county that is not a water provider] j. Reporting Mechanism - Hotline: The [ENTITY] will establish a water waste hotline for residents to report violations of this chapter. k. State Model Landscape Ordinance: The Department of Water Resources State Model Landscaping Ordinance is adopted by reference and incorporated as part of this Chapter. The full text of the Model Landscaping Ordinance is available on the [ENTITY] website at 14 1/22/09 - Version 2 1/22/09 - Version 2 and a copy is maintained with the [ENTITY]. [Alternatively, the ENTITY may adopt a local ordinance at least as effective as the state model]. I 1 1/22/09 - Version 2 5 1/22/09 — Version 2 APPENDIX WATER CONSERVATION ORDINANCE SUMMARY TABLE Permanent Level 1 Level 2 Level 3 — Emergency Other Provisions for Consideration Restrictions Same as Permanent + Same as Permanent & Same as Permanent, Level I + Level 1 & Level 2 + o Water allocation requirements and penalties for exceeding • No Watering: 9am -5pm, o Watering limited to 3 o Watering limited to 2 o No watering or irrigating allotment except by hand days a week days a week with certain exceptions o Mandatory % reduction • Irrigation system limit of o Fix leaks within 72 hours o Fix leaks within 48 hours o Fix leaks within 24 hours and penalties for overage 15 minutes o No filling or re- filling o No new potable water o Large landscape areas • No excessive water flow ornamental lakes or service must have rain sensors or runoff ponds o No new annexations to o Recycled or non - potable • No washing down hard o Wash vehicles only at car service areas water must be used for or paved surfaces wash with re- circulating construction system o Limit or withhold • Obligation to fix leaks in building permits o Must use recycled water reasonable time (within 7 o No filling residential if entity shows cost days of notice) pools or outdoor spas o No new annexations effective alternative • Fountains only with re- o Recycled water must be circulating water used for new water connection if feasible • Wash vehicles only with bucket or shut -off nozzle o City / County prepares water recycling plan and • Restaurants only serve reports on progress water on request o Departments prepare • Hotels must provide annual conservation guests option to not reports 1/22/09 — Version 2 1/22/09 — Version 2 launder linen daily o Customers that use more than units • No installation of single- _billing required to submit water pass cooling systems conservation report • No installation of non re- o Plumbing retrofits upon circulating car wash sale, transfer or change in systems service • Restaurants must use o Establish water waste conserving nozzles Hotline • Commercial Car Wash o Adopt State Model Systems use Re- Landscape Ordinance by Circulating by Jan. I, _ reference Penalties Same as Permanent Same as Permanent Same as Permanent • Fines, Flow restrictor or disconnect service after 4" violation • Misdemeanor • Reporting mechanism 1/22/09 — Version 2 17 ITEM NO. Bony S. Brokaw Donne Brownsey Sacramento Advocates, Inc. Cassie Gilson A California based Public Affairs and Governmental Relations Firm Sen. Dan Boatwright (Ret.) General Counsel 1215 K Street, Suite 2030 ❑ Sacramento, CA 95814 Phone (916) 448-1222 ❑ Fax (916) 448-1121 Sen. Mike Machado (Ret.) Consultant To: YLWD Board of Directors From: Barry Brokaw Re: State Capitol Update Date: March 12, 2009 Overview On February 20, 2009 the Governor signed an unprecedented 17-month budget to address the $41.6 billion deficit the state is currently facing. The problem still present is that revenues from the big three tax sources (income, sales and bank and corporation) is continuing to decline; May 19th special election actions are required to approve redirecting monies from the state lottery funds for two years, along with the redirection of children's health care funds and mental health care funds from Propositions 10 and 63, respectively; and whether tax increases will last for two or four years. Funding for several state programs and whether the proposed income tax increase will be .125% or .25% is also dependent on the level of federal stimulus monies coming to the state. When the April 15th tax revenues are totalled in May, the state may have another significant shortfall even if the voters approve the borrowing schemes and the federal stimulus monies meet the required level. Should the voters say no to some or all of the ballot issues, the state will face a very serious situation immediately. Legislation of Interest Bill introduction has generally concluded for the year (urgency bills and non-controversial "committee bills" may still be introduced), and it appears Members were not deterred from introducing legislation. In all, 2,360 bills were introduced, along with 20 proposed constitutional amendments. Among those of interest to YLWD may be the following: AB 28 (Jeffries) Natural gas engines: water pumps. (I- 12/01/2008) Summary: Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and non-vehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. This bill would prohibit air pollution control districts and air quality management districts from restricting the use of engines powered by natural gas by a city, county, or special district, including a water district, to operate water pumps. Note: Very important bill for the district, but air quality regulatory carve-out bills usually face a tough time from this Legislature. Status: 02/05/2009-Referred to Coms. on NAT. RES. and L. GOV. AB 969 (Calderon, Charles) Recycled water. (I-02/26/2009) Summary: Existing law, the Water Recycling Act of 1991, establishes a statewide goal to recycle a total of 700,000 acre-feet of water per year by the year 2000 and 1,000,000 acre-feet of water per year by the year 2010. The act requires, to the extent that specified funds are made available, the Department of Water Resources to identify and report to the Legislature on opportunities for increasing the use of recycled water and constraints and impediments to increasing the use of recycled water. The act requires the department to convene a task force, known as the 2002 Recycled Water Task Force, to advise the department in implementing the report requirement. Existing law requires the department and the task force to report to the Legislature no later than July 1, 2003. This bill would repeal the report and task force requirements. The bill would change the statewide goal for recycled water to an unspecified number of acre-feet of water per year by the year 2020. The bill also would make changes to findings and declarations under the act. Note: Spot bill at this time; we will see how it develops. The author is a San Gabriel Valley Democrat. Status: 03/01/2009-From printer. May be heard in committee March 30. AB 1187 (Huffman) Safe, Clean, Reliable Drinking Water Supply Act of 2010. (1-02/27/2009) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of $10,035,000,000 pursuant to the State General Obligation Bond Law. This bill contains other existing laws. Note: A water bond proposal coming from the chairman of the Assembly Water Committee. Chairman Huffman, from Marin County, was formerly a staff lawyer with the Natural Resources Defense Council. The environmental community will work closely with this bill, and they continue to oppose above ground storage. Status: 03/02/2009-Read first time. AB 1366 (Feuer) Residential self-regenerating water softeners. (1-02/27/2009) Summary: Existing law requires the State Water Resources Control Board to formulate and adopt state policy for water quality control. California regional water quality control boards are required to establish water quality objectives in water quality control plans. Under existing law, a local agency, by ordinance, may limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the community sewer system if the local agency makes certain findings and includes them in the ordinance. This bill would authorize any local agency that maintains a community sewer system within specified areas of the state to take action, by ordinance or resolution and after a public meeting, to control salinity inputs from residential self-regenerating water softeners to protect the quality of the waters of the state, if the appropriate regional board makes a finding that the control of residential salinity input will contribute to the achievement of water quality objectives. The bill would state related findings and declarations of the Legislature, including findings and declarations concerning the need for special legislation. Note: The regulation of water softeners is back before the Legislature again this year. Feuer is a Los Angeles Democrat who chairs the Assembly Judiciary Committee. Status: 03/02/2009-Read first time. AB 1465 (Hill) Urban water management planning. (I- 02/27/2009) Summary: Existing law requires every urban water supplier to prepare and adopt an urban water management plan, in accordance with specified requirements, for submission to the Department of Water Resources and other entities. An urban water supplier is required to provide information relating to the supplier's water demand management measures. This bill would revise provisions relating to the information that the urban water supplier is required to include in the plan with regard to water demand management measures. The bill would require the urban water supplier to describe in the plan the opportunities for development of recycled water supplies, including opportunities for nonpotable and indirect potable reuse, and the opportunities for stormwater recapture and reuse as a long-term water supply. This bill contains other related provisions and other existing laws. Note: This is a still developing water management plan bill coming from a freshman Democrat, and former Supervisor, from San Mateo County. Status: 03/02/2009-Read first time. SB 301 (Florez) Water Supply Reliability and Ecosystem Recovery and Restoration Act of 2009. (I-02/25/2009) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Water Supply Reliability and Ecosystem Recovery and Restoration Act of 2009, which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and ecosystem recovery and restoration programs, the issuance of bonds in the amount of $15,000,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for submission of the bond act to the voters at the next statewide election. This bill contains other related provisions. Note: This is a proposed $15 billion water bond (the most expensive offered this year), by the Senate Majority Leader, who represents Fresno and Kern Counties. His problem is the Senate President Pro Tempore, the number one Senator, also has a water bond proposal. Status: 03/09/2009-To Corns. on N.R. & W. and EQ. SB 371 (Cogdill) Safe, Clean, Reliable Drinking Water Supply Act of 2009. (I-02/25/2009) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2009 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of $9,980,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for the submission of the bond act to the voters at the next statewide election. This bill contains other related provisions. Note: The former Senate Republican Leader from Modesto, who was ousted by GOP Senators as part of the budget drama, has been the lead Senate Republican on the water bond/storage effort. Status: 03/09/2009-To Coms. on N.R. & W. and EQ. SB 456 (Wolk) Safe, Clean, Reliable Drinking Water Supply Act of 2010. (I-02/26/2009) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of $9,805,000,000 pursuant to the State General Obligation Bond Law. This bill contains other related provisions. Note: Another water bond bill by a Democratic Senator representing the San Joaquin River Delta. Status: 02/27/2009-From print. May be acted upon on or after March 28. SB 565 (Pavley) Water recycling. (I-02/27/2009) Summary: Existing law establishes the State Water Resources Control Board (state board) and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires specified persons who discharge waste, as defined, in a manner that could affect the quality of the waters of the state, to pay an annual fee to the state board according to a fee schedule established by the state board. This bill would require the state board to develop a plan to ensure that at least 50% of wastewater that is annually discharged into the ocean, as of the year 2009, is recycled and put to beneficial use by the year 2030. The bill would prescribe various requirements with respect to that plan. The bill would require the state board to impose a fee on each person discharging wastewater into the ocean and would require that fee to be deposited into the Ocean Discharge Recycling Fund, which the bill would establish. The bill would authorize the state board to expend the moneys in that fund, upon appropriation by the Legislature, for the purposes of carrying out the wastewater recycling plan. Note: This bill by the West Los Angeles Democrat, an environmental leader, would charge a fee to a person who is discharging waste water into the ocean. Status: 03/02/2009-Read first time. SB 735 (Steinberg) Safe, Clean, and Reliable Drinking Water Supply Act of 2010. (I-02/27/2009) Summary: Under existing law, various measures have been approved by the voters to provide funds for water supply and protection facilities and programs. This bill would enact the Safe, Clean, and Reliable Drinking Water Supply Act of 2010, which, if approved by the voters, would authorize the issuance of bonds in the amount of $9,785,000,000 pursuant to the State General Obligation Bond Law to finance a water supply reliability and water source protection program. This bill contains other related provisions. Note: The Senate Leader, President Pro Tempore Steinberg, is authoring what will be the lead water bond bill. He has committed to work closely with the Governor on this proposal. Status: 03/02/2009-Read first time. I ITEM NO. 3 y~ ~5xi ,~0 - Tse' PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Executive Committee From: Christopher Townsend, President Sean Fitzgerald, Senior Director Heather Dion, Director Date: March 12, 2009 Subject: Activity Report State and Federal Political Hiahliahts: With a mid-year budget in place, the Legislature has turned it attention and focus towards legislation. February 27 marked the cutoff for new legislation to be introduced, and we are now sorting through hundreds of bills to determine what is relevant to YLWD's agenda. We are also gearing up for what could potentially be a challenging spring and summer financially for the state. In the case that the special election measures that would bring millions back to the state's general fund through a series of cuts, taxes and distribution of existing funds does not pass the state will once again be looking to make up for millions in shortfall going into the FY 09-10 budgets. The special election, which is scheduled for May 19, 2009, will ask voters to consider six measures: Prop 1A - "Raining Day Fund" requiring above average revenues to be collected into a separate account and held as reserves. Prop 1B - Education Funding. ERAF shift, with a potential savings to the state in the billions. Prop 1C - Lottery Modernization Act. Increased lottery revenues would be used to help offset the state's general fund deficit. Prop ID - Prop 10 redistribution of funds. Allows the state to withhold up $608 million from County Children and Families Commissions statewide to redistribute to the general fund. Prop 1E - Withholds approximately $230 million in mental health funding for children and young adults and redistributes the money to the general fund. Prop IF - Legislative Salaries. Prevents legislators from receiving a salary increase when the state is running a deficit. In addition to the measures on the May special election ballot, the Legislative Analyst Office released a report this week which details the impact that the federal stimulus package will have on California. As you know, many of the revenue increases and programmatic cuts were directly tied to the amount of funding that California received from the economic stimulus package. At this point, it has not been determined if the State received more than $10 billion (the trigger number for most of the cuts/taxes) from the stimulus, but the Controller and Treasurer will be working on that determination over the next few weeks. Activities for the Month: • TPA is working to modify the draft guidelines put in place by the State Water Resources Control Board to allocate the federal stimulus dollars that will be distributed through the Clean Water Revolving Loan Fund Program. Under the drafted guidelines YLWD would not be eligible because at least 80 percent of the funding is required to be in an area designated as disadvantaged. And while, YLWD's territory does include disadvantaged communities, the 80 percent threshold is not met. • We are working not only at the state level to address this issue, but also with Senator Feinstein. The Senator Chairs the subcommittee that oversees EPA, which is the federal administering agency of the Clean Water Revolving Loan fund and the agency which must ultimately sign off on the State Water Resources Control Board's plan to expend the funds. • TPA is also working with YLWD to advocate for the District's projects that were submitted through the Clean Water Revolving Loan Fund. The cutoff date for these projects is March 24 and OCSD staff has already submitted the pre-applications. • TPA continues to monitor legislation that is relevant to YLWD and will such forth as appropriate. YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH. February Matter Matter Date Task Order Name Number Opened Amount CURRENT FISCAL YEAR 2008 -2009 Current Billing Total Billed to Date Total Billed 2007 -2008 February 24. 2009 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 N/A $509.00 $3,018.00 $11,223.18 PROPERTY TAX ALLOCATION 030 $967.50 $967.50 OCWD ANNEXATION 040 1/13/1994 N/A $797.50 $5,837.50 $60,261.09 RICHFIELD SITE IMPROVEMENTS 042 $545.00 $545.00 HIDDEN HILLS RESERVOIR 068 825/2003 $25,640.86 $67,316.76 SBS DEVELOPMENT AGREEMENTS 071 $650.00 $3,680.00 RWQCB 073 12/182002 $0.00 $636.21 $2,161.00 LAKEVIEW RESERVOIR 081 322005 $20,000.00 $0.00 $1,924.00 $36,645.72 NON - CONSTRUCTION AGREEMENTS 084 4/52005 $11,000.00 $1,240.00 $28,749.12 $15,888.25 CELL TOWER 085 7282006 $15,000.00 $302.50 $1,012.50 $24,162.90 WATER RATESIWATER CONSERVATION 087 7/312006 $10,000.00 $9,987.76 $44,349.13 $26,960.50 BOD PROCEDURES 089 3272006 $5,000.00 $0.00 $12,522.50 $8,732.10 TOTAL 1 1 $40,640.12 $170,558.22 $186,034.74 M 3 z O I�