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HomeMy WebLinkAboutResolution No. UB-8-2015RESOLUTION NO. UB -8-2015 A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO AMEND WATER RULE NO. 21, WATER CONSERVATION WHEREAS, Water Rule No. 21 was adopted via Resolution No. 08-C82 as part of Azusa Light & Water Rules and Regulations effective September 1, 2008, with certain amendments thereafter; and WHEREAS, On April 1, 2015, Governor Brown issued an Executive Order mandating that the State Water Resources Control Board impose a 25% state-wide reduction in urban water usage from a 2013 baseline; and WHEREAS, On April 18, the State Water Resources Control Board issued draft regulations for implementing the Executive Order, which included a tier system for water reduction targets by water agency ranged from 86/o to 36%; and WHEREAS, Azusa Light and Water must reduce water production by 20%; and WHEREAS, modifications to Water Rule No. 21 were approved on April 27, 2015 by the Utility Board, however, additional modifications are desired regarding the use rain barrels and the days that water customers can use these and other systems for irrigation purposes; NOW, THEREFORE, THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Amendment of Water Rule No. 21, Water Conservation. The Utility Board/City Council herby adopts the amended Water Rule No. 21, Water Conservation as part of the Azusa Light & Water Rules and Regulations as set forth in Exhibit "A" which is attached to this resolution and made a part hereof. SECTION 2. Effective Date. The amendment to Azusa Light & Water Rules and Regulations shall become effective June 1, 2015. PASSED, APPROVED and ADOPTED this 26`h day of May, 2015. % 4 oseph Romero Rocha Board Member/Mayor ATTEST: C2� frqo Fe Cornejo, J Secretary/City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. UB -8-2015 was duly adopted by the Utility Board/City Council of the City of Azusa at a regular meeting of the Azusa Light & Water Utility Board on the 26`h day of May, 2015. AYES: BOARD/COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: BOARD/COUNCILMEMBERS: NONE ABSENT: BOARD/COUNCILMEMBERS: NONE ( 2o�z fr ce Comejo,A., Secretary/City Clerk APPROVED AS TO FORM: Ik ` City A torney Best B st & Krieger L P WATER UTILITY WATER UTILITY RULE NO. 21 WATER CONSERVATION A. DEFINITIONS: The following words, terms and phrases, shall have the meanings ascribed to them under this Rule, except where the context clearly indicates a different meaning: Commercial and public agency water user includes: (1) any water user or customer conducting business, either retail, commercial, or industrial; and (2) any water user that is a public or governmental entity, such as the state government, school district, community college, the county, city or municipal government, or special district; and (3) any water user that owns and manages residential property, including HOAs, where the property has both odd and even numbered street addresses. Excess runoff: means water accumulation on streets, gutters, neighboring properties or other surfaces in an amount sufficient to cause flow. Residential water user: means water customers that pay for water service to their individual residential dwelling unit and any water user that owns or manages residential property with only odd or even (not both) numbered street address(s) for rent or lease. Upper basin: means the underground aquifer located in the city of Azusa north of Siena Madre. Water user: means any person, customer or property served within the incorporated boundaries of the city and the area outside the city boundary served by the city water utility. Water utility: means Azusa Light & Water's water utility. B. APPLICABILITY: This division shall apply to all water users within the service area of Azusa Light & Water. C. WATER USER RESPONSIBILITY: Water users are deemed to have under control at all times their water distribution and facilities and to know the manner and extent of their water use and excess runoff. In multiple dwellings, the owner is the water user in control of the premises and is in control and responsible for the water usage. 1. Phase I water shortage: a. A phase I water shortage may be declared by the director of utilities if any combination of events or factors threaten the adequacy of foreseeable water supply to consumers; qualifying factors to be considered in making a water shortage declaration include, but are not limited to, time of year, local rainfall, State Water Project Allocations, Safe Yield as determined by the San Gabriel Basin Watermaster, amount of runoff into the San Gabriel and Morris dams, ground water level in different basins, especially the upper basin, and any major operating emergencies or natural disasters that cause damage to the water supply or water distribution system. Prior to making a public announcement of a phase I water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared Phase I water shortage, conservation measures listed in this Rule section shall be implemented. No water user within the water utility's service area shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, agricultural or any other purpose in a manner contrary to this section or in any amount in excess of that use permitted by the conservation phases designated in this Rule. Mandatory water conservation measures shall be as follows: (1) No water user shall cause or permit excess runoff to occur from any hose, pipe, valve, faucet, sprinkler or irrigation device onto any sidewalk, street or gutter or to otherwise escape from the property if such flow or runoff can reasonably be prevented. (2) If a break or leak occurs within the water user's plumbing or private distribution system, the leak shall be repaired within 48 hours after the water user discovers the leak or after the water user is notified of the leak. (3) Commercial and noncommercial watering of grass, lawns, ground cover, open ground, shrubbery, crops, gardens and trees, including agricultural irrigation, in a manner or to an extent which allows excess runoff from the area being watered shall not be permitted. Runoff which is a natural consequence of conservative watering, either by hand or mechanical sprinkling facilities, is permitted so long as such runoff is not excess runoff as defined in the Definitions section of this Rule. (4) There shall be no lawn watering and landscape irrigation by residential water users between the hours of 9:00 a.m. and 6:00 p.m. on any day of the week.(5) There shall be no lawn watering and landscape irrigation by Commercial and public agency water users between 9:00 a.m. and 6:00 p.m. on any day of the week. (6) There shall be no washing down of sidewalks, walkways, driveways, parking lots and all other paved surfaces, except to alleviate immediate health, fire or sanitation hazards. (7) Restaurants and food serving establishments shall only serve water to their customers upon request of each customer, and shall not operate a water hose without a positive shutoff nozzle. Restaurants and food serving establishments provided with public information by the water utility about a water shortage shall post the information so that it is made available to customers. (8) It is unlawful to remove, replace, alter or damage any water meter or any components thereof, including but not limited to the meter face, its dials or other water usage indicators and any flow - restricting device installed. (9) Water from fire hydrants shall not be used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents and customers in the water utility's service area. Metered water use for control of dust and at construction sites shall be considered necessary to maintain health and safety and are eligible uses of water from fire hydrants. (10) Schools, golf courses, governmental agencies, city parks and cemeteries, public or private, are required to reduce the amount of water used for irrigation purposes to levels sufficient to maintain plant life or public use thereof. Excessive use of irrigation systems for long periods of time is prohibited and may be determined by the frequency and duration of irrigation activity, water saturated or overly soft turfs, lawns, and soils, or pooling of water on turfs, lawns, or soils. Water users may be required to submit a copy of a water conservation plan and landscape irrigation schedules. (11) Washing of motor vehicles, trailers, boats and other types of equipment shall be done only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for quick rinse, except that washing may be done with reclaimed wastewater or by a commercial car wash using recycled water. No excess runoff shall result from such activities as defined in Section A of this Rule. (12) No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures, unless such water is part of a recycling system. (13) The filling or replenishment of swimming pools shall be permitted, but the property owner will be liable for possible charges in the event a phase II, III or phase IV drought is declared. (14) The owner and operator of every hotel, motel, inn, guest house and short-term commercial lodging shall post a notice of water shortage and any necessary compliance measures. (15) There shall be no watering during rain events or within 48 hours after rain events. Azusa Light & Water shall publish the declaration of a Phase I water shortage in a local newspaper of general circulation. 2. Phase II water shortage: a. A phase II water shortage may be declared by the director of utilities if any of the conditions for a phase I water shortage are met, and it has been determined that there is need to reduce water consumption by up to ten percent (10%) based on available water supply and demand information. Prior to making a public announcement of a phase II water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared phase II water shortage the following conservation measures shall be implemented: (1) Conservation measures in effect during a Phase I water shortage, except that the restrictions on watering lawns, landscapes and other turf areas shall be modified to limit watering by residential water users to Tuesdays, Thursdays and Sundays for customers with a street address number ending in an even number (0,2,4,6 or 8),•and to Mondays, Wednesdays and Saturdays for customers with a street address number ending in an odd number (1,3,5,7 or 9). If a bucket or watering can, rain barrel, a drip irrigation system or reclaimed, recycled or gray wastewater is used, watering may be done on any day. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted only to designated days. Watering shall be limited to no more than 30 minutes per location per day and no watering is allowed between 9:00 a.m. and 6:00 p.m. (2) Lawn watering, landscape irrigation and the use of a hand-held hose with a positive shutoff nozzle by Commercial and public agency water users shall be limited to Mondays, Wednesdays and Fridays, except that there shall be no day restriction of watering utilizing a bucket, watering can, rain barrel, a drip irrigation system, or a system which uses reclaimed, recycled, or gray wastewater. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted only to designated days. Watering shall be limited to no more than 30 minutes per location per day and no watering is allowed between 9:00 a.m. and 6:00 p.m. (3) If a phase II water shortage is declared, water users will be subject to the drought charge pursuant to section E of this Rule. b. Azusa Light & Water shall publish the declaration of a Phase II water shortage in a local newspaper of general circulation, including the drought charge and implementation date of the declaration. 3. Phase III water shortage: a. A phase III water shortage may be declared by the director of utilities if the conditions for a phase I water shortage are met, and it has been determined that there is need to reduce water consumption by up to twenty percent (20%) based on available water supply and demand information. Prior to making a public announcement of a phase III water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared phase III water shortage the following conservation measures shall be implemented: (1) Conservation measures under a Phase I water shortfall declaration shall be in effect, except that the. restrictions on watering lawns, landscapes and other turf areas shall be modified to limit water use as follows: April 1 through October 31 On Thursdays and Sundays for residential water customers with a street address number ending in an even number (0,2,4,6 or 8), and to Wednesdays and Saturdays for customers with a street address number ending in an odd number (1,3,5,7 or 9). If a bucket or watering can, rain barrel, a drip irrigation system, or reclaimed, recycled or gray wastewater is used, watering may be done on any day. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted only to designated days. On Mondays and Fridays, for Commercial and public agency water users, except that there shall be no day restriction of watering utilizing a bucket or watering can, rain barrel, a drip irrigation system, or a system which uses reclaimed, recycled or gray wastewater. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted only to designated days. November 1 through March 31 On Sundays for residential water customers with a street address number ending in an even number (0,2,4,6 or 8), and to Saturdays for customers with a street address number ending in an odd number (1,3,5,7 or 9). If a bucket or watering can, a rain barrel, a drip irrigation system, or reclaimed, recycled or gray wastewater is used, watering may be done on any day. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted only to designated days. On Mondays for Commercial and public agency water users, except that there shall be no day restriction of watering utilizing a bucket or watering can, rain barrel, a drip irrigation system, rain barrel, or a system which uses reclaimed, recycled or gray wastewater. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted only to designated days. (2) Watering shall be limited to no more than 30 minutes per location per day and no watering is allowed between 9:00 a.m. and 6:00 p.m. (3) Hotels/motels shall notify and provide guests with an option of not having towels and linen laundered daily. (4) If a phase III water shortage is declared, water users will be subject to a drought charge pursuant to section E of this Rule. b. Azusa Light & Water shall publish the declaration of a Phase III water shortage in a local newspaper of general circulation, including the drought charge and implementation date of the declaration. 4. Phase IV shortages: a. A phase IV water shortage may be declared by the director of utilities if the conditions for a phase I water shortage are met, and it is determined that there is a need to reduce water consumption by up to thirty percent (30%), based on available water supply and demand information. Prior to making a public announcement of a phase IV water shortage, the director of utilities shall document the basis for the water shortage declaration and communicate this information to the city manager and city council. Under a declared phase IV water shortage the following conservation measures shall be implemented: (1) Conservation measures under a Phase I water shortfall declaration shall be in effect, except that the restrictions on watering lawns, landscapes and other turf areas shall be modified to limit watering by residential water users to Sundays for customers with a street address number ending in an even number (0,2,4,6 or 8), and to Saturdays for customers with a street address number ending in an odd number (1,3,5,7 or 9). If a bucket or watering can, rain barrel, a drip irrigation system, or a system which uses reclaimed, recycled or gray wastewater is used, watering may be done on any day. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted to only designated days. Watering shall be limited to no more than 30 minutes per location per day and no watering is allowed between 9:00 a.m. and 6:00 p.m. (2) Lawn watering and landscape irrigation by Commercial and public agency water users shall be limited to Mondays, except that there shall be no day restriction of watering utilizing a bucket or watering can, rain barrel, a drip irrigation system, or system which uses reclaimed, recycled or gray wastewater. If a hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted to only designated days. Watering shall be limited to no more than 30 minutes per location per day and no watering is allowed between 9:00 a.m. and 6:00 p.m. (3) Hotels/motels shall notify and provide guests with an option of not having towels and linen laundered daily. (4) If a phase IV water shortage is declared, water users will be subject to a drought charge pursuant to section E of this Rule. b. Azusa Light & Water shall publish the declaration of a Phase IV water shortage in a local newspaper of general circulation, including the drought charge and implementation date of the declaration. D. REQUEST FOR RELIEF FROM COMPLIANCE: A water user may file a written request for relief from compliance with the various programmatic water use restrictions of this Rule to the director of utilities. The director of utilities may delegate his duties and responsibilities for review of "Relief Requests" under this section as appropriate. 2. The Relief Request may include a request that the water user be relieved, in whole or in part, from the water use restrictions in effect during a declared water shortage. A water user may not apply for relief from Emergency Commodity Rates or drought charges. 3. The Relief Request may include various justifications for exemption, including but not limited to the following: a. Whether any additional reduction in water consumption will result in unemployment or significant loss of income from commercial or industrial activities; b. Water uses during new construction; C. Adjustments to water use caused by emergency health or safety hazards; d. Water use necessary for reasons related to family illness or health. 4. In order to be considered, a water user must submit a written request for relief including the justification for such relief to the director of utilities. No relief shall be granted unless the water user shows that the maximum practical reduction in water consumption has been achieved by the water user. No relief shall be granted to any water user who, when requested by the director of utilities, fails to provide any information necessary for resolution of the water user's Relief Request. The decision to issue relief or exemption from certain rules or requirements shall be issued within 15 days and provided in writing to the water user. 5. A decision hereunder may be appealed to the city manager through a written appeal request within 15 days of receipt of an adverse decision. The city manager's decision will be issued within 15 days following an appeal hearing and this decision will be final. E. NOTICES, CITATIONS, PENALTIES, CHARGES, AND SERVICE TERMINATION: 1. Any employee of the water utility, or other employees as designated by the director of utilities, may issue citations for violations of this Rule. Water users as defined in this Rule shall be presumed to be the violator. Imposed fines will be added to the water bill of cited customers and failure to pay shall result in termination of water service. The Water Utility will impose the following penalties on violators of this Rule: a. If the director of utilities has declared a Phase I water shortage pursuant to this Rule, first-time violators, shall be provided with a courtesy notice of the violation. Upon second and subsequent violations, the violator shall receive a citation and fine pursuant to the next paragraph. b. If the director of utilities has declared a Phase II, Phase III or Phase IV water shortage pursuant to this Rule, respectively, violators shall receive a citation and fine as specified below on a form that describes the nature of the violation, the rule violated, the date on which it occurred and the corrective measures to be taken: (1) Residential Water Users i. For the first violation, $50.00. ii. For the second violation, $100.00. iii. For the third violation, $200.00. iv. For a fourth and subsequent violations, $200. In addition, the director of utilities may authorize the installation of a flow restriction device at the customer's expense or terminate water service for flagrant or continuing disregard by the customer of mandatory water shortage restrictions including the designated days of watering. Such flow restrictor installation or termination of service shall continue until the director of utilities is satisfied that the customer will comply with all water shortage rules going forward. The water user shall also pay flow restrictor installation costs and, in the case of service termination, reconnection charges in effect at the time of service termination in order to restore water service. (2) Commercial and Public Agency Water Users i. For the first violation, $100.00. ii. For the second violation, $300.00. iii. For the third violation, $600.00. iv. For a fourth and subsequent violation, $600. In addition, the director of utilities may authorize the installation of a flow restriction device at the customer's expense or terminate water service for flagrant or continuing disregard by the customer of mandatory water shortage restrictions including the designated days of watering. Such flow restrictor installation or termination of service shall continue until the director of utilities is satisfied that the customer will comply with all water shortage rules going forward. The water user shall also pay all flow restrictor installation costs and, in the case of service termination, reconnection charges in effect at the time of service termination in order to restore water service. 2. During a declared Phase II, III, or IV water shortage, the Water Utility may impose a drought charge, per CCF (hundred cubic feet), in excess of a certain threshold or for all CCF sales. The amount and threshold for such a drought charge shall be established by the director of utilities, with Utility Board approval at the time the drought charge is imposed. The amount and threshold for the drought charge shall consider the following factors as determined appropriate by the director of utilities: (1) declared water shortage Phase; (2) amount of water conserved, or to be conserved, by water users; (3) month of year and seasonal variations in water demand by different types of water users; (4) average water consumption by customer class as determined by meter size; (5) tiered rate thresholds of existing Water Rate Schedule B or C in effect at the time a water shortage Phase is declared; (6) projected unrecovered water utility expenses due to conservation; and (7) drought -related expenses including, but not limited to, enforcement, education, rebates, billing system revisions, and public communications. The drought charge shall be subject to revision from time to time based on changed circumstances upon recommendation by the director of utilities and Utility Board approval. F. APPEAL/HEARING REGARDING VIOLATIONS: Any water user receiving notice of a violation of this Rule 21 shall have a right to appeal the citation to the assistant director — customer care & solutions (or designee) within ten (10) days of the notice of violation. The appeal, and the basis for the appeal, shall be in writing and contain a contact email address or telephone number in case further information or clarification is desired. The decision by the assistant director shall be in writing and shall be made within 15 days of the appeal. For an appeal of a first citation, the decision of the assistant director shall be final. 2. A water user may request a hearing by the director of utilities (or designee) to appeal the decision by the assistant director for a second or subsequent citation. The request for hearing shall be made in writing within ten (10) days of the appeal decision. 3. The appeal hearing will be scheduled to occur within a reasonable period of time following filing of the appeal. No formal rules of evidence shall apply. All evidence customarily relied upon by reasonable persons in the conduct of serious business affairs will be allowed, and the water user may present any such evidence which shows the alleged violation of this Rule's water use restrictions has not occurred. The decision of the director of utilities will be given in writing to the water user within 15 days after the appeal hearing, and that decision shall be final. G. ADDITIONAL MEASURES: The utility board of the water utility may order implementation of water conservation measures in addition to those set forth in this Rule. Such additional water conservation measures shall be implemented by resolution published one time in a daily newspaper of general circulation covering the service area of the water utility. Any prohibitions on the use of water shall become effective immediately upon such publication. H. EFFECT ON PUBLIC HEALTH AND SAFETY: Nothing in this Rule shall be construed to require the director of utilities to curtail the supply of water to any water user when such water is required by that customer to maintain an adequate level of public health and safety. I. AZUSA MUNICIPAL CODE: This Rule shall be consistent with Azusa Municipal Code Sections 78-501 through 78- 507 and Sections 78-510 through 78-515.