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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - FIRST READING OF ORDINANCE NO. 048, 2003, SUPERCED AGENDA ITEM SUMMARY ITEM NUMBER: 28 DATE: March 18, 2003 FORT COLLINS CITY COUNCIL Michael Smith STAFF: Wendy Williams SUBJECT: First Reading of Ordinance No.048, 2003,Superceding Emergency Ordinance No. 112, 2002, and Prescribing Temporary Restrictions on and Requirements for the Use of City Treated Water Pursuant to a Water Supply Shortage Response Plan to Be Effective April 11, 2003. RECOMMENDATION: Staff and the Water Board recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Estimated costs for 2003 are $120,000 for outreach and $20,000 for enforcement. The potential impact on Water Fund revenues is difficult to predict and will depend upon consumer behavior. EXECUTIVE SUMMARY: Current projections for water supply from the Poudre River and the Colorado-Big Thompson(CBT) Project for this and coming years indicate that supply may not be sufficient to meet unrestricted demand. BACKGROUND: Current Supply Outlook Projected supply conditions for 2003 continue to be poor. Water supplies were low in 2002 with Poudre River yields the lowest on record and a Colorado-Big Thompson(CBT)quota of 70%. The supplies available to the City of Fort Collins in 2003 are likely to be even less than in 2002.The City gets its supplies primarily from water rights on the Poudre River and from Horsetooth Reservoir, which is part of the CBT Project operated by the Northern Colorado Water Conservancy District (NCWCD). Supplies available to the City from the Poudre River in 2003 are largely dependent on the snowpack received during the next 2-3 months and the City's capability to convey the supplies through its pipeline to the water treatment facility. The existing pipeline capacity limits the amount that can be obtained from the Poudre River, even if it turns out to be a wet year. The amount of water available from Horsetooth Reservoir will be severely limited due to the projected lowest allocation of water since the CBT project became operational. The NCWCD has issued a 30%quota DATE: ITEM NUMBER: so far in 2003. Because the CBT system storage is very low, any significant additional allocations of CBT water are not likely. Although supplemental supplies are being acquired by renting water from agriculture for this year, there will likely be a significant supply shortage during 2003. Water Supply Shortage Response Plan The proposed Water Supply Shortage Response Plan provides a system by which water use restrictions can be determined administratively. Once Council approves the plan,the City Manager would have the authority to move from one level to another as water supply conditions change.The plan includes four response levels based on the severity of the projected water supply shortage.Each response level has corresponding water restrictions, conservation measures and violation fines. Level 1 is for a projected shortage of 1-10% and Level 4 is for a projected shortage greater than 30%. Given current conditions, staff anticipates that Response Level 2 will be the initial level, which will be adjusted as necessary. Level 2 allows a one-day per week watering schedule for lawn and turf. Staff worked with a group of representatives of various affected interests,and the recommendations of this Water Use Advisory Group were used to develop the plan. Staff also met with the Poudre School District, Parks and Recreation, and participated with other Front Range water utilities to explore opportunities for a coordinated effort on drought related matters. The proposed Response Plan includes the odd and even street address approach recommended by the regional Landscape Irrigation Work Group. The Water Supply Shortage Response Plan specifies which water use activities are regulated and which require a permit. In addition to lawn and turf watering, the regulations address several previously unregulated water using activities; landscape watering, car washing, washing City fleet vehicles and dealership cars, spraying impervious surfaces,hydrant flushing and testing, and water fountains. The Water Supply Shortage Response Plan also includes recommendations for water rate adjustments at Response Levels 2,3,and 4. The water rates that went into effect on January 1,2003 reflect a 15% reduction in water usage, as recommended in Level 2. If the Response Level were to change, the City Manager would present to the Council a revised water rate structure to reflect revised consumption and revenue projections as soon as reasonably practicable after the change. Public Outreach and Enforcement Public outreach will focus restrictions and enforcement,conservation education,audits and special events designed to heighten awareness or support community collaboration. A variety of print and outdoor advertising will be used to inform customers and reinforce conservation messages. The outreach program will also include a consistent media relations strategy consisting of press releases, development of a regular column in the Coloradoan and submission of drought-related and conservation articles to City and community newsletters. Compliance with watering restrictions will be assured through the use of enforcement staff. Three seasonal hourly employees will be hired to patrol the city, document violations of restrictions, and issue tickets. Additional existing staff will provide administrative support and supervision of these employees. Staff schedule will be staggered so that patrolling may occur at various times of day and night,including weekends. Staff will use laptop computers while in the field to determine whether an address is operating under a special permit,look up contact information for the responsible party, and document field observations and actions taken. • ORDINANCE NO. 048, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPERCEDING EMERGENCY ORDINANCE NO. 112, 2002, AND PRESCRIBING TEMPORARY RESTRICTIONS ON AND REQUIREMENTS FOR THE USE OF CITY TREATED WATER PURSUANT TO A WATER SUPPLY SHORTAGE RESPONSE PLAN TO BE EFFECTIVE APRIL 11, 2003 WHEREAS, on July 16, 2002, the City Council adopted Emergency Ordinance No. 112, 2002, which prescribed certain restrictions on the use of City-treated water for lawn watering, in view of the current conditions and projections for future municipal water supplies in Fort Collins; and WHEREAS, on September 3, 2002,the Council adopted on second reading Ordinance No. 118, 2002, amending Emergency Ordinance No. 112, 2002 to increase the time allowable for watering of new sod and seeded areas, and to make other clarifying changes; and WHEREAS, on September 17, 2002, the continued drought conditions in the region had resulted in increased concerns regarding future municipal water supplies for Fort Collins and, as a result, the Council adopted on second reading Ordinance No. 135, 2002, which limited lawn watering with City-treated water to one day per week, as of October 1, 2002; and • WHEREAS, Ordinance No. 112, 2002, as amended by Ordinance No. 118, 2002 and Ordinance No. 135, 2002 continues in effect as of the time of this Ordinance; and WHEREAS, in light of the continued threat of drought conditions in Fort Collins, and the evolving condition ofthe City's municipal water supply and the information related thereto,the City Council desires to establish a system by which water use restrictions shall be determined administratively; and WHEREAS, the City Manager has recommended that the City Council adopt a four-tier Water Supply Shortage Response Plan, attached hereto as Exhibit "A" and incorporated herein by this reference(the"Response Plan"), which upon adoption by the Council will provide a system of water supply shortage response levels and corresponding water restrictions and conservation measures to be implemented administratively based on the projected water supply shortage; and WHEREAS, the City Council has determined that the adoption of the Response Plan will enable the City Manager to respond appropriately to changing water supply conditions based on the Council's directions set forth therein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: • Section 1. As of April 11, 2003, Ordinance No. 112, 2002, as amended, shall be superceded by the terms of this Ordinance. Section 2. The City Manager is hereby authorized to determine, based upon the most current available estimated water supplies available to the City, water consumption data, and climatological forecasts, the level of projected water supply shortage for Fort Collins. The City Manager is further authorized and directed to declare,based on that determination,the appropriate Water Supply Shortage Response Level,as set forth in the Response Plan attached hereto as Exhibit "A". Upon such determination and declaration,the City Manager shall cause to be published in the local newspaper of record a notice of the restrictions and requirements corresponding to that Water Supply Shortage Response Level, as set forth herein, and the effective date of said restrictions and requirements,which shall be no more than fourteen(14)days and no fewer than ten (10)days after the date of such declaration. The City Manager shall inform the City Council promptly of any such determination and declaration. Section 3. The following terms shall be defined as set forth herein for the purposes of this Ordinance: A. "Lawn watering"shall mean the use of treated or potable water obtained from the City to irrigate or water any lawn, grass or turf areas, but shall not include: i. irrigation or watering of flowers, flower beds, trees, shrubs, or vegetable gardens; or ii. irrigation or watering of lawn, grass or turf areas with privately owned well water or raw water, provided that the user of any such well or raw water for irrigation or watering within the service area of the city water utility has requested a permit and posted a public notice of the same in the watering location in a manner visible from the street. B. "Dealership vehicle" shall mean any unregistered vehicle on display or awaiting sale by a vehicle dealer or other person holding or selling vehicles in the normal course of business. C. "Designated landing area" shall mean that area of any golf course hole that is determined by the Utilities General Manager, in consultation with such other officials and experts as he or she deems appropriate, to constitute the portion of said golf course hole in which golf balls hit by the average golfer on said hole will land. D. "Landscape watering"shall mean the use of treated or potable water obtained from the City to irrigate or water any flowers, flower beds, trees, shrubs, vegetable gardens,or other landscaped plantings or plants,but shall exclude lawn watering, as defined herein. E. "Low-volume efficient irrigation' shall mean an irrigation system that includes only bubblers,drip emitters,soaker hoses and subsurface irrigation such as deep probe irrigation, as well as micro-spray irrigation. F. "Medical hardship" shall mean an exceptional hardship imposed upon an individual residential customer by the restrictions set forth in this Ordinance. G. "Private" shall mean not public. H. "Public"shall mean operated for use by the general public or publicly owned and operated. I. "Religious objection' shall mean an objection to the specific application of the requirements of this Ordinance due to a conflicting religious belief that precludes watering on an assigned day. J. "Residential' shall mean a single-family or duplex residential property or account. • K. "Spraying impervious surfaces"shall mean rinsing,washing or spraying with a hose impervious interior or exterior surfaces, including but not limited to surfaces such as garage floors, siding, windows, sidewalks, driveways, or patios. The term spraying impervious surfaces shall not mean powerspraying of painted surfaces to remove paint. L. "Sprinkler system maintenance" shall mean the operation of an automatic watering system to the extent reasonably necessary for repair or maintenance. M. "Water fountain' shall mean a water feature that either causes water to be sprayed into the air,or is a waterfall or fountain for public display.The term water fountain shall not mean a water feature of a pond or basin that performs a function essential to the support of fish life in that pond or basin. Section 4. When the City Manager has declared the City to be in a specified Water Supply Shortage Response Level condition, it shall be unlawful, and a violation of the terms and conditions upon which the City shall provide treated water to its customers, for any person to undertake or permit activities or use of City-treated water in violation of the water restrictions and requirements associated with that particular Response Level, as set forth in Exhibit"A", attached hereto and incorporated herein by this reference. Section 5. Each person,including any natural person,entity,organization, partnership, association or joint venture, with legal or actual control of any property, business or other establishment,water account,or water system serving any of the same,shall have an affirmative duty to cause said property, business or other establishment, water account, or water system to operate and act in a manner consistent with the restrictions and requirements of this Ordinance. Section 6. In the event that the Utilities General Manager determines that a permit application meets the applicable eligibility requirements,then he or she shall issue a permit for lawn watering containing such terms and conditions as he or she determines, in his or her reasonable discretion, will allow the minimum watering necessary to carry out the intent of the permit. The Utilities General Manager may, in determining said permit terms and conditions, consider the impacts of the permitted lawn watering on the City's water supply or water system operations. Any determination of the Utilities General Manager hereunder shall be issued within five (5) business days of the submission of a complete application, shall be provided in writing to the applicant, and shall include an explanation of the basis for any determination of denial. Section 7. A written determination by the Utilities General Manager under Section 6 may be appealed to the City Manager in the manner set forth in Article VI of Chapter 2 of the City Code. Section 8. Use of City treated water in violation of this Ordinance or in violation of a permit issued hereunder shall constitute a violation of City Code Section 26-51, which authorizes the discontinuation of water service in the event of use of water for purposes not authorized. Section 9. Violation of the terms of this Ordinance in the city or violation of the terms of a permit issued hereunder shall be deemed to constitute a violation of the City Code pursuant to City Code Section 1-15(a),and shall be punishable as set forth therein,except that,notwithstanding the provisions of Section 1-15(a), fines for violations of this Ordinance shall be as follows: A. Residential Violations i. Violation of any provision of this Ordinance or permit issued hereunder on or for a residential property or use shall be punishable by a minimum fine of fifty dollars ($50) per violation up to a maximum fine of one thousand dollars ($1,000)per violation, if the violation occurs during a Response Level 1 or Response Level 2 condition. ii. Violation of any provision of this Ordinance or permit issued hereunder on or for a residential property or use shall be punishable by a minimum fine of one hundred dollars($100)per violation up to a maximum fine of one thousand dollars($1,000)per violation,if the violation occurs during a Response Level 3 or Response Level 4 condition. B. Non-Residential Violations i. Violation of any provision of this Ordinance or permit issued hereunder on or for any property or use other than a residential property or use shall be punishable by a minimum fine of two hundred and fifty dollars ($250)per violation up to a maximum fine of one thousand dollars($1,000)per violation,if the violation occurs during a Response Level 1 or Response Level 2 condition. ii. Violation of any provision of this Ordinance or permit issued hereunder on or for any property or use other than a residential property or use shall be punishable by a minimum fine of five hundred dollars ($500) per violation up to a maximum fine of one thousand dollars($1,000)per violation,if the violation occurs during a Response Level 3 or Response Level 4 condition. C. Each day during which a violation of any provision of this Ordinance or permit issued hereunder occurs or continues shall constitute a separate misdemeanor offense under this Ordinance. Section 10. The City Manager is hereby directed to present to the Council for consideration a revised water rate structure to reflect revised consumption and revenue projections. as soon as reasonably practicable after a change in the Water Supply Shortage Response Level. Section 11. The City Manager shall conduct the business of the City in a manner consistent with applicable provisions of the Water Supply Shortage Response Plan. Section 12. This Ordinance shall remain in effect until such time as the City Council determines that municipal water supply conditions no longer justify the continued implementation of the Water Supply Shortage Response Plan. Introduced, considered favorably on first reading, and ordered published this 18th day of March, A.D. 2003, and to be presented for final passage on the 1st day of April, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 1st day of April, A.D. 2003. Mayor ATTEST: City Clerk • Water Supply Shortage Response Plan March 10,2003 Response Response Response Response Levell Leve12 Leve13 Leve14 Water Su I Projected water supply shortage as determined by 1-10% 11-20% 21-30% Greater than 30% the Utilities General Manager Regulated Water Use Activities 1. Lawn&turf watering "vs a. Non-watering hours No lawn watering between wetering between : _ No lavm watering between No lawn watering between 10 a.m.to 6 p.m. 10 a.m.to 6 .m. 10 a.m.to 6 p.m. 10 a.m.to 6 p.m. b. Number of watering Residential(am)-Th 3 Sun Residential(even)-Sun Residential(even)-Sun No watering from 6/1 thru 8131. days per week Residential(odd)-wed d Sat Residential(odd)-Sat Residential(odd)-Sat Use Level 3 restrictions from 9/1 m (Note;even and odd refers Muld4amily&Commercial-Tue Multifamily&Commercial-Fri Muld-family&Commercial-Fri thru 5131. X to the street address) 3 Fri No watering Monday thru No watering Monday thru = No welerno on Monday. Thursday. Thursday. W c. Time limit per day Unrestricted during watering Unrestricted during watering 2 hours during designated No watering from 6/1 thru e131. hours hours watering day Use Level 3 restrictions from 9/1 thru 5/31. D d. Sprinkler system Allowed arty tine. Minknize water Allowed any time. Minimize water Allowed any tlrne. Minimize water Allowed only from 9/1 thru 5/31. maintenance used. used. used. Minimize water used. -2—Lawn&turf watering exceptions by permit a. Sod and seed for new Permit requited to water other No exceptions from 5/1 thru 8/31. . .. (awns ttnan nomad Mebdirng days for a Permit required to water other No exceptions No exceptions period not to exceed 4 weeks for than normal watering day for a Sod and 6 weeks for seed that is period not to exceed 3 weeks for Installed from 5/1 thru 8/31; sod and 4 weeks for seed that is and 3 weeks far sod and 4 installed from 9/1 thru 4/30. weeks for seed that Is installed from art tau 4/30. b. Medical hardship Permit required for a special Permit required for a special Permit required for a special waging schedule to watering schedule to watering schedule to No exceptions accommodate medical hardship. accommodate medical hardship. accorunodate medical hardship. No watering on Monday and No watering on Monday thru No watering on Monday thru between the hours of 10 a.m.and Thursday and between the hours Thursday and between the hours 6 P.M. of 10 a.m.and 6 p.m. of 10 a.m.and 6 p.m. Must comply with 2 hrAveek restriction. 1 Response Response Response Response Levell Leve12 Leve13 Leve14 c. Religious objection Pemdt required to accommodate odate Permit required to accommodate Permit required to accommodate a diMxent twoday schedule.No a different watering day. No a different watering day. No No exceptions watering on Monday and between watering Monday thru Thursday watering Monday On Thursday the hoes of 10 a.m.and 6 p.m. and between the hours of 10 a.m. and between the hours of 10 a.m. and 6 p.m. and 6 pm. Must comply with 2 hrA eek restriction. d. 4 acres or more Permit required for a special Permit required for a special watering schedule to watering schedule to No exceptions No exceptions accamhodale areas of 4 saes or accommodate areas of 4 acres or more. Max of 1.00'per week. more. Max of 0.75"per week. No watering on Monday and No watering Monday thru between the hours of 10 a.m.and Thursday and between the hours 6 pin. of 10 a.m.and 6 p.m. 8. City parks&public Permit required for a special Permit required for a special Permit required for a special athletk/playing fields watering schedule. Max of 12S watering schedule. Max of 1.00" watering schedule for only select No exceptions using treated water per week. No watering on per week. No watering Monday fields. Max of 0.75"per week. Monday and between the hours thru Thursday and between the No watering Monday thru of 10 am.and 6 p.m. hours of 10 a.m.and 6 p.m. Thursday and between the hours of 10 a.m.and 8 p.m. f. Golf courses using Pamdt required for special Permit required for special Permit required for special Permit required for special treated water watering schedule-No watering watering schedule-No watering watering schedule. Max of 0.75" watering schedule. Max of 0.75" rough. No watering between the rough. No watering between the per week for lees,greens& per week for tees and greens. No hours of 10 am.and 6 p.m. hours of 10 a.m.and 6 p.m. designated lending areas. No watering between the hours of 10 watering between the hours of 10 a.m.and 6 p.m. a.m.and 6 p.m. g. Well or raw water Permit required-unrestricted use Pemtlt required-unrestricted use Permit required-unrestricted use Permit required-unrestricted use 3. Landscape watering Water by hose with shutoff nozzle Water by hose with shutoff nozzle Water by hose with shutoff nozzle trees shrubs,gardens) Umes6loled or low-volume efficient irrigation. or low-volume efficient irrigation. or low-volume efficient irrigation. 4. Non-automated car Shtaoff nozzle and bucket Shuteff nozzle and bucket Not allowed from 611 dvu 8131. washing required. required. shutoff node and bucket Not allowed required 911 lhru 5/31. 5. Washing City fleet once per weak or as approved by Once per month or as approved Not allowed unless approved by Not allowed unless approved by vehicles the City Manager for health or by the City Manager for health or the City Manager for health or the City Manage for health or reaeme. safety reasons. safety reasons, safety reasons. 6. Dealership vehicle washing Once per week Once per week Upon sale Upon sale 7. Spraying impervious surfaces(siding, Not allowed Not allowed Not allowed Not allowed garages,sidewalks, driveways,patios) except as necessary for health and safety reasons B. Hydrant flushing& Umited to critical situations as limited to critical situations as Umited to critical situations as testing Unrestricted approved by the Utilities General approved by tire Utilities Genera approved by the Utilities General Manager. Manager. Manaoer 2 0 • Response Response Response Response Level1 Leve12 Leve13 Leve14 9. Water Fountains Public Display No use allowed No use allowed No use allowed No use allowed Private Unrestricted No use allowed No use allowed No use showed Enforcement 1. Residential fines per violation $50 to$1,000 $50 to$1,000 $100 to$1,000 $100 to$1.000 2. Business fines per violation $250 to$1,000 $250 to$1,000 $500 to$1.000 $500 to$1,000 Water Rate Adjustments Adjust Water rates to Recommend adjustment that Recommend adjustment that Recommen"adjustmwt encourage additional No adjustment reflects a 15%reduction in water reflects a 25%reduction in water reflects a 35I:OnSBfvatiOn demand. demand. d 3 Excerpt from Water Board Meeting Minutes February 27, 2003 Drought Response Plan The Conservation and Public Education Committee reviewed the Drought Response Plan at length and recommended that the Board accept the Plan as written. Mike Smith explained that the goal is to have a plan in place by April. Staffs recommendation is to start at Response Level 2 and adjust as necessary as we proceed through the late spring and summer months. Response Level 2 is somewhat similar to the present restrictions. Boardmember David Lauer made a motion to accept the Draft Drought Response Plan, and suggested that staff consider including a specific water rate structure with each level. Boardmember John Bartholow seconded the motion and it passed with one member opposing.