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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/28/2014 - WATER SHORTAGE MANAGEMENT ACTION PLAN UPDATEDATE: STAFF: January 28, 2014 Laurie D'Audney, Water Conservation Specialist Lisa Rosintoski, Utility Customer Connections Manager Donnie Dustin, Water Resources Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Water Shortage Management Action Plan Update. EXECUTIVE SUMMARY The purpose of this work session is to provide Council with an update about the 2013 Water Shortage Management Action Plan (WSMAP). The WSMAP is a comprehensive planning document that was used to guide the key activities as water restrictions were implemented as outlined in the Water Supply Shortage Response Plan. The WSMAP combines water supply monitoring (which determines the water restriction level), violation management, communications and public engagement to provide a roadmap for successful implementation of the water restrictions. The work session discussion will include the outcomes of Fort Collins Utilities’ implementation of the 2013 WSMAP and next steps for updating the Water Supply Shortage Response Plan, and associated changes to the Municipal Code. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council have any comments regarding the actions and results of the 2013 Water Shortage Management Action Plan? 2. Is there any feedback on the recommended updates to the Water Supply Shortage Response Plan or changes to the Municipal Code that will be brought for Council consideration? BACKGROUND / DISCUSSION The City’s Water Supply Shortage Response Plan (Plan), Ordinance No. 048, 2003, as amended by Ordinance No. 047, 2013, outlines a series of measures to be enacted, including water restrictions, for four levels of water shortage. In November 2012, staff began meeting to discuss the water supply situation and the need for restrictions. The Cache la Poudre River had water quality concerns due to the High Park Fire and low snowpack. The Colorado-Big Thompson Project continued to be affected by persistent drought and low snowpack. Uncertain how much water supply would be available for use in 2013, on March 6 City Manager Darin Atteberry declared Response Level 1 restrictions to be effective on April 1. Even when citizens are aware of water restrictions, have an understanding of why the restrictions are in effect, and share the attitude that restricting water use is the right thing to do, they may not know what to do. Fort Collins Utilities offered free help in re-programming sprinkler controllers to the right day and right hours to comply with the restrictions. A bill insert and other materials were available to customers about how to maintain a landscape (trees, shrubs, grass) during restrictions. Utilities’ free sprinkler audit program continued to help customers learn about their sprinkler system and how to operate it efficiently. Xeriscape educational programs and tours were offered for those who wanted to consider removing some grass and putting in lower water using plantings. In anticipation of possibly declaring Response Level 2 or higher, Council approved Ordinance No. 047, 2013, adjusting the water rates as recommended in the Plan and making a few revisions to the Plan itself. By May, the weather made a drastic turnaround with abundant snow and precipitation. With an increase in the water supply that no longer indicated a shortage, restrictions were lifted effective June 1. January 28, 2014 Page 2 Violation Management Violation management included issuing permits and responding to complaints of wasting water and violations of the restrictions. There were 179 permits issued and 53 complaints investigated. No citations were issued. All these were tracked in the City’s Wasting Water Database. To help customers comply with the restrictions, staff offered to visit homes and help reprogram their sprinkler controller with the correct day and time, but the service was not used. Communication and Public Engagement Heading into restrictions, the decision was made to take an educational approach to encourage the participation by customers. The goal was not to issue citations. Both communications and public engagement plans were prepared, with key messages and targeted outreach to businesses and organizations with a particular interest in water issues. The communications plan included using the slogan, Reduce Our Use, as a call to action. Bill inserts, bus benches, bus shelters, newspaper and magazine articles and ads, social media and the Utilities website reflected the need for water restrictions and ways to conserve. A speaker’s bureau was established to educate the public about the City’s need for restrictions, how to comply with them and other actions citizens could take to use less water. About 75% of City staff was reached through presentations so staff would understand the need for restrictions and share a consistent message in their contacts with the public. Externally, 54 presentations were given to various businesses, community groups and at events. In total, 1,400 people were reached within two months. Business sectors largely impacted by the water restrictions, such as landscapers, power washers, breweries, and HOAs, received targeted outreach. Key account managers kept in constant communication with businesses to ensure they knew the current status of the water supply and restrictions; especially around the rate increases for Response Level 2 and higher. In April, the City joined the National Mayor’s Challenge for Water Conservation. Citizens pledged online to take conservation actions and Fort Collins was a second place winner. In addition, a Water Catchers award program was created to recognize businesses and community members who implemented innovative water conservation techniques. Two businesses and a resident received awards for their actions to reduce their water use indoors and outdoors. Lifting Restrictions Due to a dramatic increase in mountain snowpack in the spring, the City was fortunate to have significant additional Horsetooth Reservoir water supply. This additional supply allowed the City to meet remaining 2013 demands and achieve its carryover goal of 7,500 acre-feet. City Manager Darin Atteberry declared the termination of the water restrictions as of June 1. Water Use For the restriction period of April 1 to May 31, water use was 22% below average and 18% below expected considering the actual weather conditions. Policies to Update As the water restrictions were implemented, it became clear that the Water Supply Shortage Response Plan needed to be updated. A list was kept of the identified issues. In August, the Water Restrictions Team reconvened to begin working on the revisions. Currently, the team is collaborating with the City Attorney’s Office to finalize revisions. Recommendations under consideration include: Add a section asking citizens to implement Response Level 1 measures voluntarily when the need for water restrictions is being considered, but has not been established January 28, 2014 Page 3  Add rate increases associated with the water restrictions to the Municipal Code in the section with the other water rates  Define food production and vegetable gardens as different from flowers, shrubs and trees  Define splash parks as interactive structures that are intended for public use and play  Define swimming pools and associated restrictions  Define when, where and how commercial power washing is acceptable  Decriminalize violations, from a misdemeanor to a civil infraction  Other small revisions, such as how the City Manager lifts the restrictions, how many days the restrictions notice must be published, including permits for golf courses as part of parks and playing fields, watering of ball fields for dust control and safety, and minor tweaks to the restrictions per Response Level. In addition, sections of the Municipal Code were identified as needing to be revised or no longer needed. The recommendations under consideration include:  Sec. 26-166: Prohibition of waste Clearer definition of “waste of water” Extend beyond irrigation waste to indoor leaks Allow seven days for repairs from notification of problem  Sec. 26-167: Sprinkling restrictions Delete, the first paragraph will be covered in the revised Sec. 26-166 and the second paragraph in the revised Sec. 26-168  Sec. 26-168: Water rationing, emergency restrictions Reference the Water Supply Shortage Response Plan  Sec. 26-169: Conversion to raw water irrigation Delete, intent when adopted in 1990 was to decrease peak day use at the water treatment facility due to capacity limitations, now there is excess capacity  Section 12-122: Promotion of conservation Clarify that when Water Supply Shortage Response Plan is activated, it takes precedence over HOA covenants. Next Steps 1. Draft an ordinance updating the Water Supply Shortage Response Plan - February 2014 2. Draft an ordinance with recommended changes to the Municipal Code - February 2014 3. Present the ordinances to Water Board for its review and support - March 20, 2014 4. Present the ordinances to City Council for consideration - April 15, 2014. ATTACHMENTS 1. Water Supply Shortage Response Plan (PDF) 2. Municipal Code Sections to Update (PDF) 3. PowerPoint presentation (PDF) ATTACHMENT 1 Water Supply Shortage Response Plan Ordinance No. 048, 2003, as modified per Ordinance No. 047, 2013 ORDINANCE NO. 048, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPERCEDING EMERGENCY ORDINANCE NO. 112, 2002, TO PRESCRIBE 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 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 September 27, 2002; and WHEREAS, Ordinance No. 112, 2002, as amended by Ordinance No. 118 and Ordinance No. 135, 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 of the 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: 2 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 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 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. “Health and safety reasons” shall mean as reasonably necessary to remedy an accidental or unavoidable unsanitary or dangerous condition that poses an immediate health risk or danger to the public or to the occupants of a 3 particular property. The spraying of impervious surfaces for health and safety reasons shall only be permitted in the event that the unsanitary or dangerous condition may only reasonably be remedied by the use of sprayed water. E. “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. F. “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. G. “Medical hardship” shall mean an exceptional hardship imposed upon an individual residential customer by the restrictions set forth in this Ordinance. H. “Private” shall mean not public. I. “Public” shall mean operated for use by the general public or publicly owned and operated. J. “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. K. “Residential” shall mean a single-family or duplex residential property or account. L. “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. M. “Sprinkler system maintenance” shall mean the operation of an automatic watering system to the extent reasonably necessary for repair or maintenance. N. “Water feature” shall mean a water feature that either causes water to be sprayed into the air, or is a waterfall or fountain. The term water feature 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, or a water feature in a swimming pool. 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 4 undertake or permit activities or use of City-treated water in a violation of the water restrictions and requirements associated with that particular Response Level, as set forth in Exhibit “A”. 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 City Manager, provided that notice of any such appeal shall be filed in writing within five (5) days of issuance of the same and shall include an explanation of the basis for the appeal. The City Manager may conduct such investigations as he or she determines appropriate or necessary to determine whether the decision appealed was arbitrary or capricious or otherwise inconsistent with the terms of this Ordinance, and shall issue a written explanation of his or her decision on any appeal within ten (10) days of the submission of a sufficient notice of appeal. 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. 5 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 25th day of March, A.D. 2003, and to be presented for final passage on the 1st day of April, A.D. 2003. 6 ATTEST: Passed and adopted on final reading this 1 day of April, A.D. 2003. ATTEST: 7 Water Supply Shortage Response Plan Response Level 1 Response Level 2 Response Level 3 Response Level 4 Water Supply Projected water supply shortage as determined by the City Manager 1-10% 11-20% 21-30% Greater than 30% Regulated Water Use Activities 1. Lawn & turf watering a. Non-watering hours No lawn watering between 10 a.m. to 6 p.m. No lawn watering between 10 a.m. to 6 p.m. No lawn watering between 10 a.m. to 6 p.m. No lawn watering between 10 a.m. to 6 p.m. b. Number of watering days per week (Note: even and odd refers to the street address) Residential (even) - Th & Sun Residential (odd) - Wed & Sat Multi-family & Commercial - Tue & Fri No watering on Monday. Residential (even) - Sun Residential (odd) - Sat Multi-family & Commercial - Fri No watering Monday thru Thursday. Residential (even) - Sun Residential (odd) - Sat Multi-family & Commercial - Fri No watering Monday thru Thursday. No watering from 6/1 thru 8/31. Use Level 3 restrictions from 9/1 thru 5/31. c. Time limit per day Unrestricted during watering hours Unrestricted during watering hours 2 hours during designated watering day No watering from 6/1 thru 8/31. Use Level 3 restrictions from 9/1 thru 5/31. 8 Response Level 1 Response Level 2 Response Level 3 Response Level 4 b. Medical hardship Permit required for a special watering schedule to accommodate medical hardship. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule to accommodate medical hardship. No watering on Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule to accommodate medical hardship. No watering on Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Must comply with 2 hr/week restriction. No exceptions c. Religious objection Permit required to accommodate a different two-day schedule. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required to accommodate a different watering day. No watering Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Permit required to accommodate a different watering day. No watering Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Must comply with 2 hr/week restriction. No exceptions d. 4 acres or more Permit required for a special watering schedule to accommodate areas of 4 acres or more. Max of 1.00" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule to accommodate areas of 4 acres or more. Max of 0.75" per week. No watering on Monday and 9 Response Level 1 Response Level 2 Response Level 3 Response Level 4 5. Washing City fleet vehicles Once per week or as approved by the City Manager for health or safety reasons. Once per month or as approved by the City Manager for health or safety reasons. Not allowed unless approved by the City Manager for health or safety reasons. Not allowed unless approved by the City Manager for health or safety reasons. 6. Dealership vehicle washing Once per week Once per week Upon sale Upon sale 7. Spraying impervious surfaces (siding, garages, sidewalks, driveways, patios) except as necessary for health and safety reasons Not allowed Not allowed Not allowed Not allowed 8. Hydrant flushing & testing Unrestricted Limited to critical situations as approved by the Utilities General Manager. Limited to critical situations as approved by the Utilities General Manager. Limited to critical situations as approved by the Utilities General Manager. 9. Water features Unrestricted Unrestricted No use allowed No use allowed Enforcement Residential fines per violation $50 to $1,000 $50 to $1,000 $100 to $1,000 $100 to $1,000 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 encourage additional conservation No adjustment Recommend adjustment that reflects a 15% reduction in water demand. Recommend adjustment that reflects a 25% reduction in water demand. Recommend adjustment that reflects a 35% reduction in water ATTACHMENT 2 Municipal Code Sections to Update Division 6 Water Conservation Sec. 26-166. Prohibition of waste; irrigation. (a) It is unlawful to waste City water in any manner. No person shall permit City water to flow, run or be discharged in the streets or sidewalks in a wasteful manner or flood any part of the premises of another. (b) City water shall not be used for irrigation or sprinkling, except for watering lawns, ornamental trees, shrubs, vines, flowers and domestic gardens. Lawn sprinkling systems shall be properly designed, installed, maintained and operated to prevent wasting of water. (Code 1972, § 112-22; Ord. No. 165, 1986, § 1(112-61(A)), 11-4-86) Sec. 26-167. Sprinkling restrictions. (a) Except in the case of a programmed automatic sprinkler system, City water shall not be used for sprinkling or watering any yard, grounds, premises or vegetation between the hours of 12:00 midnight and 4:00 a.m. Sprinklers or hose nozzles shall not be placed and set so as to interfere with traffic on sidewalks. (b) Upon recommendation of the Water Board, the use of City water for sprinkling purposes may be further restricted or prohibited by order of the City Council. The sprinkling restrictions or prohibitions prescribed shall be effective upon publication of notice of the City Council's order once in a daily newspaper published in the City. (Code 1972, §§ 112-22, 112-23; Ord. No. 165, 1986, § 1(112-61(B)), 11-4-86; Ord. No. 117, 1996, § 7, 9-17-96; Ord. No. 28, 1998, § 6, 3-17-98) Sec. 26-168. Water rationing; emergency restrictions. (a) Drought or water shortage. In the event of drought or water shortage, the City Council may place restrictions on all uses of City water and even prohibit, if necessary, all nondomestic uses of the City water if the Water Board so recommends. The City Council's order prescribing use restrictions shall be effective upon publication once in a daily newspaper published in the City and shall continue in full force and effect until the City Council finds the water shortage has ended. (b) Emergencies. In the event of a major fire or any other emergency that requires the immediate curtailment of the use of City water, the City Manager is authorized to order any restrictions on use of City water as necessary for the protection of the public. (Code 1972, § 112-25; Ord. No. 165, 1986, § 1(112-62), 11-4-86; Ord. No. 117, 1996, § 8, 9- 17-96; Ord. No. 28, 1998, § 7, 3-17-98) Sec. 26-169. Conversion to raw water irrigation. Any existing customer of the water utility who is provided service used exclusively for botanical irrigation shall be eligible to apply for a rebate from the water utility upon conversion of said water service to a raw water irrigation system. The amount of any such rebate shall be equal to the value of the water treatment plant capacity which is made available because of the conversion of such irrigation water service to a raw water irrigation system. The value of the water treatment plant capacity shall be based upon the most current ATTACHMENT 2 net book value of the City's water treatment plant facilities (as said net book value is maintained by the Finance Department) at the time of application for the rebate, in proportion to the peak day capacity of the City's treatment facilities existing at the time of the application for the rebate. Botanical irrigation shall be deemed to consume one-quarter (0.25) inch of water per day over the entire area irrigated. The rebate shall be calculated in accordance with the following formula: .25 (inches) x Irrigated Area (sq. ft.) x 7.48 (gal./cu. ft.) x Net Book Value ($) = Rebate ($) 12 (inches/ft.) Peak Day Capacity (gal.) The rebate shall not exceed the current cost of plant investment fees based upon the size of irrigation service or services to be inactivated by the applicant. The City may pay fifty (50) percent of the rebate when such irrigation service is inactivated and physically separated from the new raw water irrigation system, but the City shall not pay the remaining portion of the rebate until the raw water irrigation system is fully installed and capable of operation. No rebate, or any portion thereof, shall be made until the irrigation system has been disconnected from the water utility. Upon disconnection, such irrigation system shall not be reconnected to the water utility until such time that the utility has received payment of all plant investment fees and tap fees required under this Code for new customers. (Ord. No. 29, 1990, 4-3-90) Sec. 12-122. Promotion of conservation. No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photo-voltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass. Water Shortage Management Action Plan City Council January 28, 2014 2 Key Topics • Water Shortage Management Action Plan • 2013 Water Restrictions • Recommended Updates • Next Actions 3 Water Shortage Management Action Plan • Water Supply Conditions • Water Supply Shortage Response Plan • Water Restrictions Violations Management • Communications • Public Engagement • Water Policies 4 2013 Water Restrictions • Violation Management – 53 complaints received – 179 permits issued • Communication – Bill inserts, social media • Public Engagement – 1,400 people in 2 months • Water Savings – 18% below expected use Response Level 1: April 1 – May 31 5 Policies to Update • Water Supply Shortage Response Plan – Ordinance 048, 2003, as amended by Ordinance 047, 2013 • Municipal Code – Sec. 26, Division 6: Water Conservation – Sec. 12-122: Promotion of Conservation 6 Recommended Updates Water Supply Shortage Response Plan • Add voluntary actions • Establish rate increases in the Municipal Code • Separate food production from watering of flowers, trees and shrubs • Define splash parks and swimming pools • Clarify commercial power washing • Decriminalize violations • Other small revisions 7 Recommended Updates Municipal Code – Sec. 26 • Sec. 26-166: Prohibition of waste; irrigation – Clearer definition of “waste of water” • Sec. 26-167: Sprinkling restrictions – Delete, address in Sec. 26-166 & 168 • Sec. 26-168: Water rationing, emergency restrictions – Reference Water Supply Shortage Response Plan • Sec. 26-169: Conversion to raw water irrigation – Delete, intent to reduce treatment peak day use 8 Recommended Updates Municipal Code – Sec. 12 • Sec. 12-122: Promotion of conservation – Response Plan takes precedence over HOA covenants when restrictions are declared 9 Next Actions • Feb. 2014: City Attorney’s Office drafts two ordinances – Water Supply Shortage Response Plan update – Municipal Code changes • March 20, 2014: Water Board meeting • April 15, 2014: City Council first reading 10 Requested Feedback • Does Council have any comments regarding the activities and results of the 2013 Water Shortage Management Action Plan? • Is there any feedback on the recommended updates to the Water Supply Shortage Response Plan or changes to the Municipal Code that will be brought before Council as ordinances? demand. Adjust Excess Water Use Surcharge Adjustment Adjustment Adjustment Adjustment between the hours of 10 a.m. and 6 p.m. No exceptions No exceptions e. City parks & public athletic/playing fields using treated water Permit required for a special watering schedule. Max of 1.25" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule. Max of 1.00" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule for only select fields. Max of 0.75" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. No exceptions f. Golf courses using treated water Permit required for special watering schedule- No watering rough. No watering between the hours of 10 a.m. and 6 p.m. Permit required for special watering schedule- No watering rough. No watering between the hours of 10 a.m. and 6 p.m. Permit required for special watering schedule. Max of 0.75" per week for tees, greens & designated landing areas. No watering between the hours of 10 a.m. and 6 p.m. Permit required for special watering schedule. Max of 0.75" per week for tees and greens. No watering between the hours of 10 a.m. and 6 p.m. g. Well or raw water Registration recommended - unrestricted use Registration recommended - unrestricted use Registration recommended - unrestricted use Registration recommended - unrestricted use 3. Landscape watering (trees, shrubs, gardens) Unrestricted Water by hose with shutoff nozzle or low-volume efficient irrigation. Water by hose with shutoff nozzle or low-volume efficient irrigation. Water by hose with shutoff nozzle or low-volume efficient irrigation. 4. Non-automated car washing Shutoff nozzle and bucket required. Shutoff nozzle and bucket required. Not allowed from 6/1 thru 8/31. Shutoff nozzle and bucket required 9/1 thru 5/31. Not allowed d. Sprinkler system maintenance Allowed any time. Minimize water used. Allowed any time. Minimize water used. Allowed any time. Minimize water used. Allowed only from 9/1 thru 5/31. Minimize water used. 2. Lawn & turf watering exceptions by permit (Note: All permits must be displayed so they are visible from the street or sidewalk.) a. Sod and seed for new lawns Permit required to water other than normal watering days for a period not to exceed 3 weeks for sod and 4 weeks for seed. Permit required to water other than normal watering day for a period not to exceed 3 weeks for sod and 4 weeks for seed. No exceptions from 5/15 thru 8/15. Permit required to water other than normal watering day for a period not to exceed 3 weeks for sod and 4 weeks for seed that is installed from 8/16 thru 5/14. No exceptions