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HomeMy WebLinkAbout8 UWMP Agenda Item @g`# y 8 Itr PUBLIC HEARING To: Board of Directors From: Neil Kaufman Date: September 10, 2014 Subject: Public Hearing on District's Revised Section 7 of the 2010 Urban Water Management Plan 1. WHY THIS MATTER IS BEFORE THE BOARD The California Water Code requires that a Public Hearing be held prior to adoption of or revision to an Urban Water Management Plan (UWMP). The Board conducts this Public Hearing. 2. HISTORY The District's Board has had multiple meetings to review and implement the California State Water Resources Control Board's (SWRCB's) emergency drought regulations. These regulations require that all Urban Water Suppliers implement fully the stage of their Water Shortage Contingency Plan that first introduces restrictions to outdoor irrigation of ornamental landscapes and turf with potable water. The District's Water Shortage Contingency Plan, and implementing Ordinance No. 2005-05, were written for a catastrophic failure of our water system. The State's mandate to implement Stage 2 would create an undue hardship given that the District is not currently experiencing a water supply shortage. At the July 16, 2014 District Board meeting, the Board set a Public Hearing date of September 10, 2014 to consider revisions to our Urban Water Management Plan. Notice was given to the Town of Truckee, Nevada County, and Placer County regarding the District's intent to update the plan. At the August 12, 2014 special District Board meeting, action was taken to comply with the new regulations and the General Manager was directed to implement the District's Urban Water Management Plan, Water Shortage Contingency Plan and trigger Ordinance No. 2005-05 Stage 2 or the Alternate Plan if approved by the California State Water Resources Control Board. At the August 20, 2014 District Board meeting, a workshop was help to review and discuss proposed changes to the District's Urban Water Management Plan and implementing District Ordinance No. 2005-05. On September 3, 2014, the District advertised in the Sierra Sun for Public Hearings on September 10, 2014 to receive input on the District's intent to update the District's Urban Water Management Plan and Emergency Water Conservation Ordinance. 3. NEW INFORMATION District staff have created a red-line and final draft revision to District's Ordinance No. 2005-05 (Attachments 1 and 2). These revision have taken into account the impacts from the SWRCB's drought regulations, a review of other local water agency ordinances, and feedback from the August 20, 2014 Board workshop. The revised ordinance is now written for both a drought emergency and a catastrophic failure of one or more components of our water system that would cause water supply shortages. Key changes to the ordinance include: • The stages have been modified and additional stages have been added to give more granularity in choosing the appropriate stage; • Restrictions have been removed that were unreasonable or would create undue hardship; • The procedures to appeal for hardship or address violations have been improved; and • The revised ordinance is more consistent with the ordinances of other local water agencies. District staff have created a red-line and final draft revision to the District's 2010 Urban Water Management Plan's Section 7 (Attachments 3 and 4). The only changes to the 2010 Urban Water Management Plan would be to reflect the changes in the District's implementing ordinance. The revised UWMP would be adopted by Resolution No. 2014-20, Adoption of a Revised 2010 Urban Water Management Plan (Attachment 5). The final draft revision to District's Ordinance No. 2005-05 will be presented to the Board and public in a Public Hearing at the September 10, 2014 Board meeting. If adopted, a Public Hearing for consideration of changes to the District's Urban Water Management Plan will be held immediately thereafter. If adopted by the District's Board, the new District Ordinance No. 2014-05 and revised 2010 Urban Water Management Plan would take effect in 30-days, which would be October 10, 2014. District Ordinance No. 2014-05 would replace the existing District Ordinance No. 2005-05 and would remain in effect until rescinded by the Board. The Urban Water Management Plan would remain in effect until the next update as required by the state water code which would be in 2015. 4. FISCAL IMPACT There is no direct fiscal impact associated with this Public Hearing or the revisions to District Ordinance No. 2005-05 and Section 7 of the District's Urban Water Management Plan. Fiscal impacts from the emergency drought regulations have been presented in previous meetings and potential impacts to District water revenue due to increased conservation remain unknown. 5. RECOMMENDATION Conduct the Public Hearing on revised Section 7 of the District's 2010 Urban Water Management Plan. Michael D. Holley General Manager/Water Utility Manager 8-1, Attachment 1 Ordinance No. 2014 - 05 FINDING THE NECESSITY FOR AND ADOPTING A WATER CONSERVATION PROGRAM IN THE EVENT OF A WATER SUPPLY OR DROUGHT EMERGENCY WHEREAS, California Water Code Sections 375 et. seq. permit public entities which supplywater 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; WHEREAS, California Water Code Section 10632 requires an urban water supplier to describe stages of action to be undertaken in the event of a water supply shortage; WHEREAS,the Board of Directors of Directors of the Truckee Donner Public Utility District has determined that it is necessary to establish a water conservation program in the event of any future water supply shortage or drought emergency; WHEREAS, the Board of Directors finds and determines that a water shortage could exist in the event of major failure of one or more components of the water system or drought; WHEREAS, the Board of Directors also finds and determines 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. NOW THEREFORE BE IT RESOLVED D ENACTED by the Board of Directors of gkr�„��r�the Truckee Donner Public Utility District as follows: 1. The General Manager is hereby authorized and directed to implement the provisions of this ordinance. Additionally,the General Manager is hereby charged with interpretation,regulation and enforcement of the provisions of this ordinance, and authorized to make exceptions to 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. 2. To the extent that any of the existing and prior ordinances of the District applicable to its water system are inconsistent herewith, all such prior water ordinances shall be deemed revoked upon this ordinance becoming effective to the extent that they are inconsistent. 3. The provisions of this ordinance shall apply to all water served to persons, customers, and property by the District. The District shall declare which portions of the service area are subject to a water supply emergency and the requirements of this ordinance. 4. The provisions of this ordinance are not applicable to the uses of water which are necessary to protect public health and safety or for essential governmental services, such as police, fire and other similar emergency services. 1 Ordinance 2014-05 8-1, Attachment 1 5. Water Conservation Stages: No person shall knowingly use water or permit the use of water 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. 6. The following stages shall take effect upon declaration as herein provided: (a) Stage 1 — Targeted 10% Reduction in Water Usage - Voluntary Compliance: Stage 1 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. Specific mandated restrictions in water use for Stage 1 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every .other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited (b) Stage 2 — Targeted 20% Reduction in Water Usage - Mandatory Compliance: Stage 2 applies during periods that the District determines that water usage should be reduced approximately20% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 2 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited. 4. Customers may be subject to fines and penalties for failure to comply with this requirement. (c) Stage 3 — Targeted 30% Reduction in Water Usage - Mandatory Compliance: Stage 3 applies during periods that the District determines that water usage should be reduced approximately 30% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 3 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to 3-days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited. 4. Customers may be subject to fines and penalties for failure to comply with this requirement. 5. The District may install flow restricting devices on a customer's service. 2 Ordinance 2014-05 8-1, Attachment 1 (d) Stage 4 — Targeted 40% Reduction in Water Usage - Mandatory Compliance: Stage 4 applies during periods that the District determines that water usage should be reduced approximately40% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 4 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to 2-days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of potable water to wash a motor vehicle, except where the hose is fitted with a shut- off nozzle, shall be prohibited. 4. Any customer leak in plumbing and/or irrigation systems shall be repaired when found, but in any case within ten (10) days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 5. The District may install flow restricting devices on a customer's service. 6. Customers may be subject to fines and penalties for failure to comply with this requirement. (e) Stage 5 — Targeted 50% Reduction in Water Usage - Mandatory Compliance: Stage 5 applies during periods that the District determines that water usage should be reduced approximately 50% in order to meet all of the water demands of its customers. Specific additional mandated restrictions in water use for Stage 5 are as follows: 1. All outdoor water uses are prohibited in the area affected by the water conservation requirement. The District may discontinue service to irrigation services. 2. Any customer leak in plumbing and 1 eFiFrigatien systems shall be repaired when found, but in any case within ten (10) days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 3. The District may install flow restricting devices on a customer's service. 4. The District may implement mandatory water rationing through the use of ferGed—rolling outages. 5. Customers may be subject to fines and penalties for failure to comply with this requirement. 7. Implementation of Conservation Stages.The District shall monitor the projected supply and demand for water by its customers on.a daily basis. In the event of an emergency, the General 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 General Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this ordinance. Water system customers shall be notified of water conservation stages by one or more of the following methods: (a) Door hanger notices delivered to the property served (b) Mass mailing to customers and property owners (c) Announcements in local media such as newspapers, radio and television (d) Any other methods deemed appropriate by the General Manager The stage designated shall become effective immediately upon announcement. The declaration of any stage shall be reported to the Board of Directors as soon as practicable and convene a special meeting 3 Ordinance 2014-05 8-1, Attachment 1 as soon as possible. The Board of Directors shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different stage. 8. VIOLATIONS In order to protect the health, safety and welfare of the community, the District shall serve any customer found to be violating any provision of this ordinance with written notice, in accordance with Section 11, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction. If a violation is not corrected within the time limit prescribed, the General Manager may exercise the+r-his authority to disconnect the water service from the District's system based upon the severity of the violation. Disconnect and reconnect fees shall be assessed per the District's fee schedule. 9. REQUESTS FOR EXEMPTION OR DEVIATION All requests for exemption or deviation from these standards shall be submitted, in writing, by the customer to the General Manager. The customer must obtain written permission and not assume that permission will be forthcoming for exemptions or deviations. The General Manager may temporarily or permanently exempt customers from the provisions of this Ordinance, or impose reasonable conditions in lieu of compliance, if the General Manager finds that any of the following conditions exist: 9.1 Serious Economic Hardship The requirements would cause an unnecessary and undue economic hardship upon the customer, threatening the customer's primary source of income as an individual or a business. 9.2 Adverse Impact on Health and Safety Strict compliance would create an emergency condition, as determined by the General Manager, adversely affecting the health, protection or safety of the customer or the public. 10. APPEALS Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination make an appeal. The first appeal will be made to the General Manager in writing. Should the applicant be dissatisfied with the decision of the General Manager, a subsequent appeal may be made to the Board of Directors of Directors within 30 days of the General Manager's decision. 10.1 Appeal to General Manager Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination, appeal to the General Manager by giving written notice to the General Manager. The appeal shall set forth the events and circumstances leading to the appeal,the nature of the ruling or interpretation from which relief is sought,the nature of the impact of the ruling on the appellant's property or business, together with any other reasons for the appeal. The General Manager shall investigate the matter appealed and shall make a written decision, which shall be mailed to the appellant within 30 days of receipt of the appeal. If the dispute involves an amount of charges, the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the General Manager determine that the charges were wrongfully made. 10.2 Appeal to Board of Directors of Directors Any person who is dissatisfied with any determination made by the General Manager may at any time within 30 days after such determination, appeal to the Board of Directors of Directors by giving written notice to the General Manager and to the Clerk of the Board of Directors of Directors. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on the appellant's property or business, together with any other reasons for the appeal. 4 Ordinance 2014-05 8-1, Attachment 1 The General Manager shall transmit to the Board of Directors of Directors a report upon the matter appealed. The Board of Directors of Directors may request that the appeal be agendized and consider all testimony and make a decision,which shall be mailed to the appellant within 30 days of the date of the Board of Directors action. The Board of Directors of Directors may, at any time, upon its own motion, revise any determination made by the General Manager. If the dispute involves an amount of charges, the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the Board of Directors of Directors determine that the charges were wrongfully made. 11. NOTICE OF VIOLATION If any person fails or refuses to comply with the provisions of this ordinance, the General Manager or the manager's designee shall provide the person with a written notice of the violation and an opportunity to correct the non-compliance. The written notice will: (a) Be posted or presented at the site of the noncompliance (b) Be mailed to the customer (c) State the time, date and place of the violation (d) Provide a general description of the violation (e) State the means to correct the violation (f) State a date by which correction is required (g) State the possible consequences of failing to correct the violation If the violation is not corrected to the District's satisfaction within the time frame specified, the District may restrict the water service to the property or disconnect the service. In addition to correcting the violation, the customer may be billed administrative fees on their account. 11.1 PROCEDURES 11.1.1 First Violation Following adoption of this ordinance,first violations will result in a friendly reminder in the form of a notice posted on or near the front door, personal contact with the customer, a phone call and/or a letter advising the customer of the violation, in accordance with Section 11 a through g. 11.1.2 Second Violation For a second violation within one calendar year, the customer will be notified in writing in accordance with Section 11 a through g. If the correction is not made within thirty(30)days of the District's notice to the customer,the customer may be assessed a fine of$100. The fee shall be added to the customer's water service charges at the property where the violation occurred. 11.1.3Third Violation For a third violation within one calendar year,the customer will be notified in writing in accordance with Section 11 a through g. The customer may be assessed a fine of$200. The fee shall be added to the customer's water service charges at the property where the violation occurred. If not corrected within ten (10) days of written notice, a flow-restricting device may be installed on the customer's service connection, and the costs associated with the installation and removal will be billed on the customer's monthly water billing. 11.1.4 Fourth Violation For the fourth and subsequent violations within one calendar year, the customer will be notified in writing in accordance with Section 11 a through g and the customer may be assessed a fine of $500. The fee shall be added to the customer's water service charges at the property where the 5 Ordinance 2014-05 8-1, Attachment 1 violation occurred. In addition, a flow-restricting device may be installed on the customer's service connection, and the costs associated with the installation and removal will be billed to the customer. If not corrected within ten (10)days of written notice, the District may discontinue the customer's water service at the property where the violation occurred in accordance with District procedures. Reconnection shall only be permitted when there is reasonable protection against future violations, as determined by the General Manager. 11.2 ENFORCEMENT COSTS The District may correct any violation of this ordinance and bill the customer for costs and expenses in enforcing the provisions of this ordinance, including staff time for investigation and monitoring for compliance, if the customer refuses to comply. Charges shall be added to the customer's bill for the property where the enforcement costs were incurred. The District may also take such action as may be allowed by statute. 11.3 TERMINATION OF SERVICE Failure to correct the violation may result in termination of water service to the parcel on which the violation occurred. 12. SEVERABILITY If any section, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The Board of Directors hereby declares that it would have passed each section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Directors of Directors at a meeting duly called and held within the District on the tenth day of September 2014 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tony Laliotis, President of the Board of Directors ATTEST: Michael D. Holley, Clerk of the Board of Directors 6 Ordinance 2014-05 8-2, Attachment 2 r -NIS=, Ordinance No. 2014 - 05 FINDING THE NECESSITY FOR AND ADOPTING A WATER CONSERVATION PROGRAM IN THE EVENT OF A WATER SUPPLY OR DROUGHT EMERGENCY WHEREAS, 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; WHEREAS, California Water Code Section 10632 requires an urban water supplier to describe stages of action to be undertaken in the event of a water supply shortage; WHEREAS,the Board of Directors of Directors of the Truckee Donner Public Utility District has determined that it is necessary to establish a water conservation program in the event of any future water supply shortage or drought emergency; WHEREAS, the Board.of Directors finds and determines that a water shortage could exist in the event of major failure of one or more components of the water system or drought; WHEREAS, the Board of Directors also finds and determines 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. NOW THEREFORE BE IT ENACTED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The General Manager is hereby authorized and directed to implement the provisions of this ordinance. Additionally,the General Manager is hereby charged with interpretation, regulation and enforcement of the provisions of this ordinance, and authorized to make exceptions to 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. 2. To the extent that any of the existing and prior ordinances of the District applicable to its water system are inconsistent herewith, all such prior water ordinances shall be deemed revoked upon this ordinance becoming effective to the extent that they are inconsistent. 3. The provisions of this ordinance shall apply to all water served to persons, customers, and property by the District. The District shall declare which portions of the service area are subject to a water supply emergency and the requirements of this ordinance. 4. The provisions of this ordinance are not applicable to the uses of water which are necessary to protect public health and safety or for essential governmental services, such as police, fire and other similar emergency services. 1 Ordinance 2014-05 8-2, Attachment 2 5. Water Conservation Stages: No person shall knowingly use water or permit the use of water 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. 6. The following stages shall take effect upon declaration as herein provided: (a) Stage 1 — Targeted 10% Reduction in Water Usage - Voluntary Compliance: Stage 1 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. Specific mandated restrictions in water use for Stage 1 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every .other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited (b) Stage 2 — Targeted 20% Reduction in Water Usage - Mandatory Compliance: Stage 2 applies during periods that the District determines that water usage should be reduced approximately20% in order to meet all of the water demands of its customers.Specific mandated restrictions in water use for Stage 2 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited. 4. Customers may be subject to fines and penalties for failure to comply with this requirement. (c) Stage 3 — Targeted 30% Reduction in Water Usage - Mandatory Compliance: Stage 3 applies during periods that the District determines that water usage should be reduced approximately 30% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 3 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to 3-days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited. 4. Customers may be subject to fines and penalties for failure to comply with this requirement. 5. The District may install flow restricting devices on a customer's service. 2 Ordinance 2014-05 8-2, Attachment 2 (d) Stage 4 — Targeted 40% Reduction in Water Usage - Mandatory Compliance: Stage 4 applies during periods that the District determines that water usage should be reduced approximately 40% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 4 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to 2-days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of potable water to wash a motor vehicle, except where the hose is fitted with a shut- off nozzle, shall be prohibited. 4. Any customer leak in plumbing and/or irrigation systems shall be repaired when found, but in any case within ten (10) days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 5. The District may install flow restricting devices on a customer's service. 6. Customers may be subject to fines and penalties for failure to comply with this requirement. (e) Stage 5 — Targeted 50% Reduction in Water Usage - Mandatory Compliance: Stage 5 applies during periods that the District determines that water usage should be reduced approximately 50% in order to meet all of the water demands of its customers. Specific additional mandated restrictions in water use for Stage 5 are as follows: 1. All outdoor water uses are prohibited in the area affected by the water conservation requirement. The District may discontinue service to irrigation services. 2. Any customer leak in plumbing system shall be repaired when found, but in any case within ten (10) days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 3. The District may install flow restricting devices on a customer's service. 4. The District may implement mandatory water rationing through the use of rolling outages. 5. Customers maybe subject to fines and penalties for failure to comply with this requirement. 7. Implementation of Conservation Stages.The District shall monitor the projected supply and demand for water by its customers on a daily basis. In the event of an emergency, the General 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 General Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this ordinance. Water system customers shall be notified of water conservation stages by one or more of the following methods:' (a) Door hanger notices delivered to the property served (b) Mass mailing to customers and property owners (c) Announcements in local media such as newspapers, radio and television (d) Any other methods deemed appropriate by the General Manager The stage designated shall become effective immediately upon announcement.The declaration of any stage shall be reported to the Board of Directors as soon as practicable and convene a special meeting as soon as possible. The Board of Directors shall thereupon ratify the declaration, rescind the 3 Ordinance 2014-05 8-2, Attachment 2 declaration, or direct the declaration of a different stage. 8. VIOLATIONS In order to protect the health, safety and welfare of the community, the District shall serve any customer found to be violating any provision of this ordinance with written notice, in accordance with Section 11, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction. If a violation is not corrected within the time limit prescribed, the General Manager may exercise his authority to disconnect the water service from the District's system based upon the severity of the violation. Disconnect and reconnect fees shall be assessed per the District's fee schedule. 9. REQUESTS FOR EXEMPTION OR DEVIATION All requests for exemption or deviation from these standards shall be submitted, in writing, by the customer to the General Manager. The customer must obtain written permission and not assume that permission will be forthcoming for exemptions or deviations. The General Manager may temporarily or permanently exempt customers from the provisions of this Ordinance, or impose reasonable conditions in lieu of compliance, if the General Manager finds that any of the following conditions exist: 9.1 Serious Economic Hardship The requirements would cause an unnecessary and undue economic hardship upon the customer, threatening the customer's primary source of income as an individual or a business. 9.2 Adverse Impact on Health and Safety Strict compliance would create an emergency condition, as determined by the General Manager, adversely affecting the health, protection or safety of the customer or the public. 10. APPEALS Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination make an appeal. The first appeal will be made to the General Manager in writing. Should the applicant be dissatisfied with the decision of the General Manager, a subsequent appeal may be made to the Board of Directors of Directors within 30 days of the General Manager's decision. 10.1 Appeal to General Manager Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination, appeal to the General Manager by giving written notice to the General Manager. The appeal shall set forth the events and circumstances leading to the appeal,the nature of the ruling or interpretation from which relief is sought,the nature of the impact of the ruling on the appellant's property or business, together with any other reasons for the appeal. The General Manager shall investigate the matter appealed and shall make a written decision, which shall be mailed to the appellant within 30 days of receipt of the appeal. If the dispute involves an amount of charges,the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the General Manager determine that the charges were wrongfully made. 10.2 Appeal to Board of Directors of Directors Any person who is dissatisfied with any determination made by the General Manager may at any time within 30 days after such determination, appeal to the Board of Directors of Directors by giving written notice to the General Manager and to the Clerk of the Board of Directors of Directors. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on the appellant's property or business, together with any other reasons for the appeal. The General Manager shall transmit to the Board of Directors of Directors a report upon the matter 4 Ordinance 2014-05 8-2, Attachment 2 appealed. The Board of Directors of Directors may request that the appeal be agendized and consider all testimony and make a decision, which shall be mailed to the appellant within 30 days of the date of the Board of Directors action. The Board of Directors of Directors may, at any time, upon its own motion, revise any determination made by the General Manager. If the dispute involves an amount of charges, the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the Board of Directors of Directors determine that the charges were wrongfully made. 11. NOTICE OF VIOLATION If any person fails or refuses to comply with the provisions of this ordinance, the General Manager or the manager's designee shall provide the person with a written notice of the violation and an opportunity to correct the non-compliance. The written notice will: (a) Be posted or presented at the site of the noncompliance (b) Be mailed to the customer (c) State the time, date and place of the violation (d) Provide a general description of the violation (e) State the means to correct the violation (f) State a date by which correction is required (g) State the possible consequences of failing to correct the violation If the violation is not corrected to the District's satisfaction within the time frame specified, the District may restrict the water service to the property or disconnect the service. In addition to correcting the violation, the customer may be billed administrative fees on their account. 11.1 PROCEDURES - 11.1.1 First Violation Following adoption of this ordinance,first violations will result in a friendly reminder in the form of a notice posted on or near the front door, personal contact with the customer, a phone call and/or a letter advising the customer of the violation, in accordance with Section 11 a through g. 11.1.2Second Violation For a second violation ;within one calendar year, the customer will be notified in writing in accordance with Section 11 a through g. If the correction is not made within thirty(30)days of the District's notice to the customer, the customer may be assessed a fine of$100. The fee shall be added to the customer's water service charges at the property where the violation occurred. 11.1.3Third Violation For a third violation within one calendar year,the customer will be notified in writing in accordance with Section 11 a through g. The customer may be assessed a fine of$200. The fee shall be added to the customer's water service charges at the property where the violation occurred. If not corrected within ten (10) days of written notice, a flow-restricting device may be installed on the customer's service connection, and the costs associated with the installation and removal will be billed on the customer's monthly water billing. 11.1.4 Fourth Violation For the fourth and subsequent violations within one calendar year, the customer will be notified in writing in accordance with Section 11 a through g and the customer may be assessed a fine of $500. The fee shall be added to the customer's water service charges at the property where the violation occurred. In addition, a flow-restricting device may be installed on the customer's 5 Ordinance 2014-05 8-2, Attachment 2 service connection, and the costs associated with the installation and removal will be billed to the customer. If not corrected within ten (10)days of written notice, the District may discontinue the customer's water service at the property where the violation occurred in accordance with District procedures. Reconnection shall only be permitted when there is reasonable protection against future violations, as determined by the General Manager. 11.2 ENFORCEMENT COSTS The District may correct any violation of this ordinance and bill the customer for costs and expenses in enforcing the provisions of this ordinance, including staff time for investigation and monitoring for compliance, if the customer refuses to comply. Charges shall be added to the customer's bill for the property where the enforcement costs were incurred. The District may also take such action as may be allowed by statute. 11.3 TERMINATION OF SERVICE Failure to correct the violation may result in termination of water service to the parcel on which the violation occurred. 12. SEVERABILITY If any section, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The Board of Directors hereby declares that it would have passed each section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Directors of Directors at a meeting duly called and held within the District on the tenth day of September 2014 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tony Laliotis, President of the Board of Directors ATTEST: Michael D. Holley, Clerk of the Board of Directors 6 Ordinance 2014-05 8-3, Attachment 3 SECTION 7 WATER SHORTAGE CONTINGENCY PLAN Law 10632. The plan shall provide an urban water shortage contingency analysis which includes each of the following elements which are within the authority of the urban water supplier: (a) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water sup�pi J""conditions which are applicable to each stage. (b) An estimate of the minimum water supply O'vailafjl °during each of the next three water years based on the driest;+hree year histoie sequence for the agency's water supply. (c) Actions to be undertaken by tieurban watet,supplier to p1rere for, and implement during, a catastrophic�jrlterruptiot)`�';bf water supplies including, but not limited to, a regional power ou` ag ," h earthquake, or other disaster. d Additional, m and alto rphrba ions again't�,,specific water use practices during water shortages,,i,i�cludin�g, but not`lini ted to, prohibiting the use of potable water for street cleaning ;! (e) Consumpt�Qn �edl�c ,ion methos 1n the most restrictive stages. Each urban waters pp ier mad-fit se any pe of consumption reduction methods in its Ovate ;', bortage contingencyanalysis that would reduce water use, are appropriarte for its are+a, and hive the ability to achieve a water use 50 reductioh, �ns�sten witf7 �p#o a, percent reduction in water supply. {f� Penalties or charges for excessive use, where applicable. Ali , .{ 1� (g) An analys is:.�f the impacts of each of the actions and conditions described � in subdivisions (a) to°(f), inclusive, on the revenues and expenditures of the ,urban water'su plier, and proposed measures to overcome those impacts, suck► as the gvelopment of reserves and rate adjustments. (h) A dra#t,Wetor shortage contingency resolution or ordinance. jv (i) A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis. The effective management of water supply shortages is an important responsibility of water agencies. Shortages may be caused by failures of major water supply facilities, natural disasters, or other adverse conditions. Therefore, it is necessary to have an effective management program to mitigate water supply shortages. Page 7-1 8-3, Attachment 3 Section 7—Water Shortage Contingency Plan As described in Section 5, the District is using groundwater as its sole source of supply. The Martis Valley Groundwater Basin has a storage volume of about 484,000 acre-feet (AF) and is able support annual withdrawals of at least 24,000 acre-feet per year (AFY) Based upon current withdrawals of about 7,175 AFY, there is over 65 years worth of water supply available even if there was zero recharge of the groundwater basin. A three year minimum supply of 24,000 AFY has been assumed. The most likely cause of a water supply shortage would be the failure of a major water supply facility such as a well, pump station or transmission pipeIine. Such an occurrence could be caused by a number of factors including earth q�l,a fire or major equipment failure. As a result,water supply shortages are expectedto,�be somewhat short in duration (days or possibly weeks), but may occur without any warnln`g. The District's water system consists of five major components: control valve stationils, groundwater wells, pipelines, pump stations and storage tanks. In May 2004� �;�t�t6'"District completed ,a Vulnerability Assessment that identified the number of cps#curers that would be impacted by major failure of a given facility. In conjunction with ,the" Vulnerability Assessm'o"t{"-;the District periodically updates its Emergency Response Plan which"Identifies actions to be taken in the event of a mayor failure of a given facility. t, ,�4 it Historically, the water supply syster»zh�as! een most it acted by power outages. In response, the District has installed axternagenerator con"sections and manual transfer switches at all of its pump stations an ell e Disti'iet currently owns two large trailer-mounted portable, a erators that 'oan the .r�i661l zed to any of the District's pump facilities in the event of a''pgovrrer,qutage. In'actdition, the District has installed permanently- mounted diesel pow, l' d backup agenerato'rs'at 17 pump station sites. These generators are equipped with a'uomatic transfer switches,and will activate in the event of a power outage. WATER CONSErRVATi ,kOGRAM Depending upon ia:_. location and the number of c watestcobmsrs a onte� either vo a necessary for the District to implement some form of � tw pU`nitery or mandatory. Table 7-1 identifies the various stages of veter conserva 'iop measures that would be implemented. T6bJe 7-1. Water Conservation Stages Sta ;,;Water': onservation Requirement Compliance.Level 1 1''1, a.1 10% Reduction in Usage Voluntary '101i) ,C;tittt„434'tfi 'i i i, d is �411 (iriii({3yvf' 30% Reduction in Usage Mandatory /H 114, in !.) N} rnr3 doiv 50% Reduction in Usage Mandatory Page 7-2 8-3, Attachment 3 Section 7 — Water Shortage Contingency Plan Stage 1 Water Conservation Stage 1 would apply during periods where up to 10 percent of the water supply is unavailable. A corresponding reduction in water usage of 10 percent would be required . This would be achieved through voluntary measures. r'k ! ! „ ,r , „ ,} , I ��'' V . 1. ! in , t • 'i , i f�`eT 1 11 tVJ 1AII � 1_ 1: I art fy l ( i ��<.�el df� } '@ �t3E � ' s)i tt ` !." (� tl! _ sfl; ells` ( # E "tl i✓:{ '§{ 7�rti,� fr `.; a� ( tS1 }.1311 tdt/iJEeid l?Pa ii( , (iI"c"[. 1,iJ ! e, J [ It t ts ( it ,�{ r r lC7 tl , , , , < �f ..4 .. ..li } e .t{_, t7} ;:t, 1I . f` �. �.i i� il i..1i rY } :} }..�', { ){./l.t t ! 3l� 1 .i t Il, , i `}}k) itty 1I4,F�E(� w f�j , t)` , l Ji_i ( � �� 3 l9 � # 19l 51 � 1 Ij1� 'Jjl%JZ) �Z# � }i'; Stage 2 Water Conservation } i o ' 1 i3 `'f11 j ' t �.' 93 {e �1C i , 4/ tl!lI ,Elie I �nl ♦l .. I ,Y.�, } )Ee% �tllli6 �k1 � } {` ye � .1 �.� l Vi r � 1� 1 tr;t! r� i �I f }.�}�� 1�7 ,'.'Y a � � l fJ ttl(� 7i ! f{ � { it ) l-i,o11 cl ° }. i , e. . , 1 a. ! e ) ll , r ll ,t ,„ dl. ;, ;is . ,3!r) i'1 , l•, tf £t �, i , . iI ;li '1 3! rt4 )I tit iSl. o ; [ i.3t f r ' , ! iFl , li f > II td ) ;3 �" 'ttaliie ! ! l,.: t �11{Ile>)E t eI , A ,r Y + ).? C ! t � � i ,, , I . ,f };�7t!� e ? , . (( f',.Iif1YAE ,✓ , Pi t ! 1tg< �. ., �, sl is _ 1 s I it Stage 3 l, Conserva r n would 'i� ply d�i�ring periods where up to 30 percent of the water supply is . „ , �� „ .. unavailable A correspnfonding reduction in water usage of 30 percent would be required . , , IIIII Y " e {•_ ! 3„ }i r rr LLC !�, SE { �� __S B _.S.S[ __ � t l� ltl> e 3= 3 t ion- � l'iEt !. jeEail H {li6l, IliyF.- 1 } }.{ i �t-� i �( 4 .7�' ! bt ';`, r.�ii3a..l E1 � 10 , �;,�ijdt l il��i '• ( tltfi � �i�E: l.1(' jC )fl. On. i"o) f Plot ,. ' b e -l . I� , , 9l i ) �; ad.; .1 Page 7-3 8-3, Attachment 3 Section 7 — Water Shortage Contingency Plan i} 1: 11( j/ / i , wt ?d- ld $ t.,; . ..{ .� da4il` f (;l)t11+- ctt t 'e _f'�4 rx ( t t 1 l I 35f� rll, 1EM {4 ; 1 's! 14 ' r c;wt1 i I'I.1 ! 99 E@1' - ! iI ill .` 13' i � , I a1 IP �I� I I _1 { a � ' vt )11 �: a11 ,�1�s,�k lafpNp : °f7_ l A ji' 9 1 1 i �j1'i A t 51 y,f 'I; � i .,'. ➢ ii .'i � 6� 1 B IS ;' i p it sef )( 1R .ryt , sq i i tllil9l t 1 f i fs ii . , 1 It 1 it �) 1 ill 11 toi.iir, i I1{ : #'� a � fi : ti ttS�il,sfl 1 5� ` y� f �: 1t. i { �" t1*. , 1 1 t „ rdl � JP if 51 1 1 11 A � I •• .�. _ a p t f ) It, Sill �f .` t 1{ t5f�11t7? fYS a} i ' { � . fit , 1 ; 11{ 'I .`1 1 1 I it Y"Illi f1, i, 11 ( ic , S r , Ill - -- � ih nAp 4 It a Ili V ,. 1it 1 a. 11 el fl � 1� II 1 1 , ; f= r5, Iv, ° }1 i 11 I Iji pq Iq ,�gg rtr; woU� apply dur��h'g periods where up to 50 percent of the water supply is unavailable. A cor g reduction in water usage of 50 percent would be required . i tt 1 , _., � „ i _- 11 , , , °. "' , ;� � 1 • ,ti ,. , ' , ! � , -,,; ° l . , ° ,, , , .. , ; 4 , , .' � „ '." . , I' °la —� 4 ` r`f� tl d ?,li ! l� 1 ' ` ' 4., f ai °` , t11i i # :,'i ti 5 ,,; �,'tz,tC2i{s { f: ' { )E'+ S( i ; 'iir;{ 4 1( B 1i ,� . 1�� � t j � .',c,f V� 1 ;: )9 1i �{ fi llii .11k". i� t. d i1� �. � IL 1 } �i 1 1 { i . 4t�1 I�}� , d tPi 1511111 ; 't 'I 11—� � yi_� krp 1J 11t1 ft0�)1i tlif1i41t )IE3`.r ? fIIi.J. ? {.1f3d9 Page 7-4 8-3, Attachment 3 Section 7—Water Shortage Contingency Plan vt/ �1 d.Jlf;l r31 ? k'(9tt{;#i l,dl:; Ii rt,a�i C)8 lllltt t,C))3�1 +., 91f �t O:;Ilt,lffi _[(! ff` 1 alf ;ail f 113;3(� a r io f )i` ; J(; r,V ?PS r w i(tJfd no { oi l.,d:i ti`i,a1r L). '.i# `st�,?t,l. io iilwP mid [WH Effectiveness of the Water Conservation Program The District currently monitors total production for;ell sources oh'i0a,,edaily basis. This monitoring would be the primary tool to gauge th6 effectiveness of the�ia,ter conservation program. Total water production would be compared with production for the same time in prior years and with days prior to implerrieritation of the�zWater conservatlon program. ;, i Other measures would likely include drive-by m� �,oction of�''customers to verify irrigation practices and monitoring of customer usage through the�bistrict's AMR system. WATER CONSERVATION ORDINio►NC In ? �" < '�r :w �'1 ,, ")0 i �, the,Dist'rlgt�adopted Ordinance 1J-05 which describes the water conservation ro' m to b a'lrn lemerlted in the event of a water p gr , supply �_� „er�£,t ; �_,emergetey A co of tt�e ord nan'' is iven in Appendix D. f ' py '� {�3�� The ordinance outlines Cages of ter alerts that describe different required conservation efforts:+,These conservation sd�tngs range from voluntary compliance with reasonable conservation,effor s iri Stage 1 to`'�a�1bandatory 50 percent reduction in Stage The ordinance authir�ze ��'the Oenatal�M,anager of the District to implement these measures)) ,ihi'0 0 tel u'pot occurrence -df an event requiring such conservation � : measures" A publia4meeting,&Jhe Board of Directors would then be scheduled as soon a potssible to inform the Broard i d the public of the emergency, the actions taken by the District and the expectedI'duratioh ',V1til the problem could be corrected. POTENTIAL-FINANCIAL'II�IIPACTS In 2009, the"£District ret "Ir ad HDR to perform a water rate study and assist in the a.. development of theaDlslrlpt's new metered rate structure. This new rate structure became effective in Janua ne of the major objectives in developing this new rate structure was to closely match the District's variable revenue stream with its variable expenses and to match its fixed revenue stream with its fixed expenses. Currently, about 85 percent of the Water Department's expenses are fixed and do not vary with the amount of water sold to customers. The remaining 15 percent of expenses is for the costs of pumping and treatment and will vary with customer usage. In the event that a Stage .'') conservation requirement (50 percent reduction in water usage) was imposed for a significant length of time (i number of months), the District Page 7-5 8-3, Attachment 3 Section 7—Water Shortage Contingency Plan would expect to see a revenue reduction of about 7.5 percent. However, there should be a corresponding reduction in expenses associated with less water being treated and pumped to customers. Any remaining differences between revenue and expenses would likely be covered through the use of reserves. The District would then have to evaluate its overall financial situation during the next annual budget cycle. At that time, the District would review whether rate adjustments were necessary to ensure the financial stability of the Water Department. The District does not expect any significant impact on expenditures associated with a drought-related water shortage. In the event of a major w0ter'supply facility failure, unforeseen expenses can be expected. District staff and/,or,o aside contractors may be , required to work overtime and weekends to repair the darrtage ;facility, install a temporary facility or adjust system operations in order to maintain Water service to District customers. Similar to a drought-related water shorto'e, it is expe'etedl,that the immediate cost impacts would be covered through the use of>',eserve funds. The District would then review its financial situation once the facility h, -O been repaired. 3�. n. 11 i t� i 111;� S 1 � h � 3 Page 7-6 8-4, Attachment 4 SECTION 7 WATER SHORTAGE CONTINGENCY PLAN Law 10632. The plan shall provide an urban water shortage contingency analysis which includes each of the following elements which are within the authority of the urban water supplier: (a) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions which are applicable to each stage. (b) An estimate of the minimum water supply available during each of the next three water years based on the driest three year;historic sequence for the agency's water supply. (c) Actions to be undertaken by the urban water supplier for, and implement during, a catastrophic interruption of uvater supplies�indgding, but not limited to, a regional power outage, ari earthquake, or other disaster. (d) Additional, mandatory prohibitions against specific water use practices during water shortages, including';but not limited to prohibiting the use of potable water for street cleaning. (e) Consumption reduction methods in the rriostjrestrictive stages. Each urban water supplier may;;use-any, type of consumption reduction methods in its water shortage contingency ahalysis hat would reduce water use, are appropriate for its area,-and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply. (f)'Penalties.or charges for excessive use, where applicable. (g) An any of theirripacts of each of the actions and conditions described in s u bd ivi s i on s�(6),Jo (f),Tih6lusive, on the revenues and expenditures of the urban uvater supplier, artd proposed measures to overcome those impacts, such as the `�d velopment of serves and rate adjustments. (h) A draft irvatershortage contingency resolution or ordinance. (i) A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis. The effective management of water supply shortages is an important responsibility of water agencies. Shortages may be caused by failures of major water supply facilities, natural disasters, or other adverse conditions. Therefore, it is necessary to have an effective management program to mitigate water supply shortages. Page 7-1 8-4, Attachment 4 Section 7—Water Shortage Contingency Plan As described in Section 5, the District is using groundwater as its sole source of supply. The Martis Valley Groundwater Basin has a storage volume of about 484,000 acre-feet (AF) and is able support annual withdrawals of at least 24,000 acre-feet per year (AFY) Based upon current withdrawals of about 7,175 AFY, there is over 65 years'worth of water supply available even if there was zero recharge of the groundwater basin. A three year minimum supply of 24,000 AFY has been assumed. The most likely cause of a water supply shortage would be the failure of a major water supply facility such as a well, pump station or transmission pipeline. Such an occurrence could be caused by a number of factors including earthquake, fire or major equipment failure. As a result, water supply shortages are expected to be somewhat short f ,duration (days or possibly weeks), but may occur without any warning. The District's water system consists of five major components: control valve stations, groundwater wells, pipelines,-.pump stations and storage tanks. In May 2004, the District completed a VulnerabitityAssessment that identified the number of customers that would be impacted by major failure of a given,facility. In conjunction with the Vulnerability Assessment, the District periodically updates its Emergency Response Plan which identifies actions to be taken in the event of a major failure of a'given facility. Historically, the water supply system has been most impacted by power outages. In response, the District has installed external generator connecti—hs aM.'manual transfer switches at all of its pump stations and well sites. The District currently owns two large trailer-mounted portable generators that can be mobilized to any of the District's pi, facilities in the event of a power outage. In addition, the District has in" letl permanentlymounted diesel-powered backup r, _ a generators at 17 pump station sites. These generators_areequipped with automatic transfer switches and will activate in'the,event of a�power,.-outage:,' WATER CONSERVATION-PROGRAM , Depending upon the-typeof water suupply restriction, its location and the number of customers affected, it would be necessary for",,,,the. District t"o"If plement some form of water conservation — either voluntary or mandatory,_ Table -1 identifies the various stages of water conservation measures that would be implemented. Table 74. Water Conservation Stages Stage Watetr;Conseriiation Requirement Compliance Level 1 Targeted 10% Reduction in Usage Voluntary Targeted 20% Reduction in Usage Mandatory 3a. Targeted 30% Reduction in Usage Mandatory 4 , Targeted 40% Reduction in Usage Mandatory 5 Targeted 50% Reduction in Usage Mandatory Page 7-2 8-4, Attachment 4 Section 7—Water Shortage Contingency Plan Stage 1 Water Conservation Stage 1 would apply during periods where up to 10 percent of the water supply is unavailable. A corresponding reduction in water usage of 10 percent would be required. This would be achieved through voluntary measures such as: • Irrigation with potable water of ornamental landscapes and turf would be limited to every other day • The application of potable water to driveways and sidewalks would be prohibited unless for driveway sealing or construction • The use of a hose that dispenses potable water to wadi a;motor vehicle, except where the hose is fitted with a shut-off nozzle, would be prohibited,, Stage 2 Water Conservation Stage 2 would apply during periods where up to 20 percent of the water.,supply is unavailable. A corresponding reduction in water usage of 20,per6ent would be requiroo.�',,Compliance with water conservation requirements is mandatory for Stage 2 and above. Water conservation measures in Stage 2 include: • Irrigation with potable water of ornamental landscapes and turf would be limited to every other day • The application of potable water to,, Iveways,and sidewalks would be prohibited unless for driveway sealing.or construction • The use of a hoseJhat dispenses potable,,water to wash a motor vehicle, except where the hose is fitted with a shut-,_- ff nozzle,`would be prohibited 3 • Customers may beJ subject to fines -ands-penalties for failure to comply with these requirements Stage 3 Water Conservation Stage 3 would apply during'periods where up to 30 percent of the water supply is unavailable. A corresponding reduction inuvater usage of 30 percent would be required. Compliance is mandatory. Water conservation measures in Stage 3 include: • Irrigation of ornamEOWIlandscapes and turf would be limited to 3-days per week • The application of potable water to driveways and sidewalks would be prohibited • The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, would be prohibited • The District may install flow restricting devices on a customer's service • Customers may be subject to fines and penalties for failure to comply with these requirements Page 7-3 8-4, Attachment 4 Section 7—Water Shortage Contingency Plan Stage 4 Water Conservation Stage 4 would apply during periods where up to 40 percent of the water supply is unavailable. A corresponding reduction in water usage of 40 percent would be required. Compliance is mandatory. Water conservation measures in Stage 4 include: • Irrigation of ornamental landscapes and turf would be limited to 2-days per week. • The application of potable water to driveways and sidewalks would be prohibited. • The use of potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, would be prohibited. • Any customer leak in plumbing and/or irrigation systems would.be repaired when found, but in any case within ten (10) days of notice by'the District to,repair. The District may perform the repair or hire a contractor to_.16erform the repair, and then invoice the customer for those costs. • The District may install flow restricting deviceson a customer's service ­��` • Customers may be subject to fines and penalties fo`rfailure to comply with this requirement Stage 5 Water Conservation ' Stage 5 would apply during periods wher6"qpu ,,to 5 ntvi0 percent of.the water supply is unavailable. A corresponding reduct on;in waf t�ausage perce ould be required. Compliance is mandatory. Water conservation measures in Stage 5 include: • All outdoor water uses would be prohibited lathe area affected by the water conservation requirement. The District may discontinue,'service to irrigation services. • Any customer-ieak..in plumbing system would be repaired when found, but in any case witlii"n ten (10) days of notice by the District to repair. The District may perform the repair oY�hire a contractor�to perform the repair, and then invoice the customer for those costs. • The Distrief may install flow restricting devices on a customer's service. • The Distract ri ey irhoement mandatory water rationing through the use of rolling outages. • Customers may be subject to fines and penalties for failure to comply with this requirement. Effectiveness of the Water Conservation Program The District currently monitors total production for all sources on a daily basis. This monitoring would be the primary tool to gauge the effectiveness of the water conservation program. Total water production would be compared with production for the same time in prior years and with days prior to implementation of the water conservation program. Other measures would likely Page 7-4 8-4, Attachment 4 Section 7—Water Shortage Contingency Plan include drive-by inspections of customers to verify irrigation practices and monitoring of customer usage through the District's AMR system. WATER CONSERVATION ORDINANCE In September 2014, the District adopted Ordinance 2014-05 which describes the water conservation program to be implemented in the event of a water supply or drought emergency. A copy of the ordinance is given in Appendix D. The ordinance outlines five stages of water alerts that describe different required conservation efforts. These conservation savings range from voluntary compliance with reasonable conservation efforts in Stage 1 to a mandatory 50 percent reduction h Stage 5. The ordinance authorizes the General Manager of the District to implement these,t7easures immediately upon occurrence of an event requiring such conservation measures ,,A,public meeting of the Board of Directors would then be scheduled as soon a possible#oinforrn�tbe Board and the public of the emergency, the actions taken by the District and the expected ,dtration until the problem could be corrected. POTENTIAL FINANCIAL IMPACTS In 2009, the District retained HDR to perform a water rate study°and assist in thee development of the District's new metered rate structure. This:'new rate structure became effective in January of 2010. One of the major objectives in developing this new rate structure was to closely match the District's variable revenue stream with"its variable expenses and to match its fixed revenue stream with its fixed expenses --Currently, about 85 percent of the Water Department's expenses are fixed and do hlOt vary with,the amount of water sold to customers. The remaining 15 percent of expenses is for,,the c6sts of pumping and treatment and will vary with customer usage. In the event that a Stage 5 conservation requirement (50 percent reduction in water usage) was imposed for a significant length of time (a number of months), the District would expect to see a revenue reduction of abod("i, percent `,Hewever, there should be a corresponding reduction in expenses associated'with less water being treated and pumped to customers. Any remaining,differences between;revenue and expenses would likely be covered through the use of reserve_s The District wouldthop have to evaluate its overall financial situation during the next annual,budget cycle:`_At'that ii 6,,Ahe District would review whether rate adjustments were necessary to ensure the financial stability of the Water Department. The District does npt expect any significant impact on expenditures associated with a drought- related water shortage. . In=,the event of a major water supply facility failure, unforeseen expenses can be expected: istrict staff and/or outside contractors may be required to work overtime and weekends to repair the damaged facility, install a temporary facility or adjust system operations in order to maintain water service to District customers. Similar to a drought- related water shortage, it is expected that the immediate cost impacts would be covered through the use of reserve funds. The District would then review its financial situation once the facility has been repaired. Page 7-5