HomeMy WebLinkAboutResolution No. UB- 08-C0829 0
RESOLUTION NO. 08-C82
A RESOLUTION OF THE AZUSA UTILITY BOARD/CITY
COUNCIL OF THE CITY OF AZUSA TO AMEND AZUSA
LIGHT & WATER RULES AND REGULATIONS TO ADD
RULE NO. 21 REGARDING WATER CONSERVATION.
WHEREAS, on June 16, 2008, the Azusa City Council adopted Ordinance No. 08-
06 which amended Division 6 of Article VI of Chapter 78 of Azusa Municipal Code in order to
clarify mandatory water conservation requirements imposed on customers of the water utility;
and
WHEREAS, Azusa Light & Water serves areas outside of the incorporated area
of the City of Azusa, including areas in the City of Glendora, the City of Covina, the City of
West Covina, the City of Irwindale, and the unincorporated areas of Los Angeles County, which
are beyond the jurisdiction of the Azusa Municipal Code; and
WHEREAS, Azusa Light & Water uses utility Rules and Regulations to govern
services rendered by the water utility in its service territory, including those areas located outside
of the City of Azusa; and
WHEREAS, it is important to administer water conservation requirements
amongst all water utility customers in a fair and equitable manner consistent with the
requirements included in the Azusa Municipal Code.
NOW, THEREFORE, THE UTILITY BOARD/CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1. Adoption of Water Rule No. 21. The City Council/Utility Board
hereby adopts amendment to the Water Rules to include Rule No. 21 as part of the Azusa Light
& Water's 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 & Waer Rules and
Regulations shall become effective on September 1, 2008.
PASSED, APPROVED AND ADOPTED this 22nd day of September 2008.
4
Joseph R. Rocha
Mayor
ATTEST:
0
era Mendoza
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
) ss.
0
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Resolution No. 08-C82, was duly introduced and adopted at a regular meeting of the
Azusa Utility Board/City Council on the 22nd day of September 2008, by the following vote, to
wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Vera NTendoza 61
City Clerk
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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.
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 for rent or
lease including homeowner associations.
Upper basin means the underground aquifer located in the city of Azusa north of Sierra 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,
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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 Moms 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 6:00 a.m. and 6:00 p.m. on any day of the week. If a hand-held hose with a positive
shutoff nozzle or drip irrigation system is used, watering may be done at any time.
(5) There shall be no lawn watering and landscape irrigation by Commercial and public agency
water users between 10:00 a.m. and 6:00 p.m. on any day of the week, except that there shall be
no restriction of watering utilizing a hand held hose with a positive shutoff nozzle, drip irrigation
system, or system which uses reclaimed or recycled wastewater.
(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
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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.
(b) 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 6:00 p.m. starting on Tuesdays, Thursdays and Sundays until 6:00 a.m.
the following day for customers with a street address number ending in an even number (0,2,4,6
or 8), and to 6:00 p.m. starting on Mondays, Wednesdays and Saturdays until 6:00 a.m. of the
following day for customers with a street address number ending in an odd number (1,3,5,7 or 9).
If a hand-held hose with a positive shutoff nozzle or drip irrigation system is used, watering may
be done at any time on the designated days.
(2) Lawn watering and landscape irrigation by Commercial and public agency water users shall
be limited to 6:00 p.m. starting on Mondays, Wednesdays and Fridays until 10:00 a.m. of the
following day, except that there shall be no restriction of watering utilizing a hand held hose with
a positive shutoff nozzle, drip irrigation system, or system which uses reclaimed or recycled
wastewater.
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(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
watering by residential water users to 6:00 p.m. starting on Thursdays and Sundays until 6:00
a.m. the following day for customers with a street address number ending in an even number
(0,2,4,6 or 8), and to 6:00 p.m. starting on Wednesdays and Saturdays until 6:00 a.m. of the
following day for customers with a street address number ending in an odd number (1,3,5,7 or 9).
If a hand-held hose with a positive shutoff nozzle or drip irrigation system is used, watering may
be done at any time on the designated days.
(2) Lawn watering and landscape irrigation by Commercial and public agency water users shall
be limited to 6:00 p.m., starting on Mondays and Fridays until 10:00 a.m. of the following day,
except that there shall be no restriction of watering utilizing a hand held hose with a positive
shutoff nozzle, drip irrigation system, or system which uses reclaimed or recycled wastewater.
(3) 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
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watering by residential water users to 6:00 p.m. starting on Sundays until 6:00 a.m. the following
day for customers with a street address number ending in an even number (0,2,4,6 or 8), and to
6:00 p.m. starting on Saturdays until 6:00 a.m. of the following day for customers with a street
address number ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a positive
shutoff nozzle or drip irrigation system is used, watering may be done at any time on the
designated day.
(2) Lawn watering and landscape irrigation by Commercial and public agency water users shall
be limited to 6:00 p.m. starting on Mondays until 10:00 a.m. of the following day, except that
there shall be no restriction of watering utilizing a hand held hose with a positive shutoff nozzle,
drip irrigation system, or system which uses reclaimed or recycled wastewater.
(3) 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:
1. 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 the drought charges in section E of this Rule.
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 within 20 days from the date of the
publicized drought phase notice. 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. The decision may be appealed as set out in section F(c) of this Rule.
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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. 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. A second violation is an infraction.
iii. For the third violation, $200.00, along with the installation of a flow restrictor at the
customer's expense. A third violation constitutes a misdemeanor.
iv. For a fourth violation, $200, plus termination of water service. The water user shall also
pay all utility service fees and 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. A second violation is an infraction.
iii. For the third violation, $600.00, along with the installation of a flow restrictor at the
customer's expense. A third violation constitutes a misdemeanor.
iv. For a fourth violation, $600, plus termination of water service. The water user shall also
pay all outstanding utility service fees and 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 will impose a drought
charge, per CCF (hundred cubic feet), in excess of a certain threshold for each water shortage
Phase. Said threshold for each water shortage Phase shall be established by the director of
utilities, at the time the drought charge is imposed. The threshold for each water shortage Phase
will be established by taking into account the following factors: (1) declared water shortage
Phase; (2) amount of water 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; and (5) tiered rate thresholds of existing Water Rate Schedule
B in effect at the time a water shortage Phase is declared.
The rate per CCF (hundred cubic feet) for said drought charge shall be calculated in an amount
in order to defray the following costs and expenses of implementing the conservation
plan/program: (1) cost to provide public with notices and ongoing public education about the
drought and water supply issues; (2) cost of equipment and staff time to administer and enforce
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water conservation measures of this Division; (3) costs associated with utility billing software
modifications and bill presentment to manage the drought charges applied through this Division;
(4) cost of water conservation programs which provide fixtures, devices, materials, equipment, or
monetary incentives to water users to reduce water consumption. The amounts of said costs shall
be determined at the time the drought charge is to be imposed. The following is an example of
how the rate shall be calculated taking into account the above-mentioned costs and expenses:
Total Anticipated Conservation Program Costs to Implement Water Shortage Phase
(a) cost to provide public with notices and ongoing public education about the drought
and water supply issues = $ 50,000
(b) cost of equipment and staff time to administer and enforce water conservation
measures of this Division = $ 50,000
(c) costs associated with utility billing software modifications and bill presentment to
manage the drought charges applied through this Division =
$ 50.000 .
(d) cost of water conservation programs which provide fixtures, devices, materials,
equipment, or monetary incentives to water users to reduce water consumption =
$ 150.000
Total = $
Divided by
Total Anticipated Retail Water Consumption (in CCF) that is in Excess of the Threshold
Established for the Applicable Water Shortage Phase = 250,000 ccf above a threshold of
40 ccf
= $1.2 Per CCF Drought Charge
The per CCF drought charge shall not exceed 100% of the highest tier rate of all retail water
service rates (Water Rate Schedule B) per CCF, which is, in effect at the time a water shortage
Phase is declared. '
Prior to applying any drought charge pursuant to this section, the director of utilities shall
document the basis for the drought charge and the threshold level and communicate this
information to the city manager and city council.
Any drought charge imposed pursuant to this section shall be effective on the first of the month
following publication of a water shortage declaration Phase.' Drought charges shall be applied as
a separate and distinct charge through the utility billing system and shall be paid to Azusa Light
& Water and deposited into the water enterprise fund under a separate drought charge revenue
account to be used solely to defray the costs associated with implementation of the conservation
plan/program set forth in this Division through conservation activities referenced in this section.
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3. Failure to pay any of the penalties or charges imposed through this Division may subject the
water user or customer to termination of water service. If water service is terminated pursuant to
this division, the department of utilities will not restore water service until the director of utilities
has determined that the customer has provided reasonable assurances that future violations of
this division will not occur and that any unpaid penalties resulting from citations and any
outstanding utility billing amounts and fines have been paid in full.
F. HEARING REGARDING VIOLATIONS.
1. Any water user receiving notice of a second or subsequent violation of this division shall
have a right to a hearing by the director of utilities.
2. The water user's written request for a hearing must be received within ten (10) days of the
issuance of the notice of violation. This request shall stay installation of a flow -restricting device
on the water user's premises and the imposition of any fines until the director of utilities renders
his decision. Director's decision shall be issued within 15 days after the hearing, and a copy shall
be provided to the water user.
3. The decision of the director of utilities maybe appealed to the city manager by the water user
filing with the city manager a written request for appeal within 15 days of receipt of the decision.
Filing of such a request stays imposition of any fines or installation of flow restrictor.
4. The appeal hearing will be scheduled to occur within a reasonable period of time following
filing of the appeal. No formal rules of evidence 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 wasteful water use has not occurred.
The decision of the city manager 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.
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