HomeMy WebLinkAbout2009/06/02 - Agenda Packet - CVWD JointCUCAMONGA VALLEY WATER DISTRICT
BOARD OF DIRECTORS JOINT MEETING WITH
CITY OF RANCHO CUCAMONGA CITY COUNCIL
June 2, 2009 - 6:00 p.m.
District Office, Board Room
10440 Ashford Street; Rancho Cucamonga
AGENDA
1. CALL TO ORDER /FLAG SALUTE
2. PUBLIC COMMENT
Members of the public may comment on any item listed or not listed on the agenda.
Comments related to noticed public hearing items will be heard at the time the
public hearing is conducted. Speakers are requested to keep their comments to no
more than five (5) minutes. 77te President may reduce the tune to not less than
three (3) minutes depending upon the number of speakers wishing to address the
Board. Under the provisions of the Brown Act, the Board is prohibited from taking
action on items not listed on the agenda.
3. REVIEW OF ORDINANCES 47 & 48 AND IMPLEMENTATION Todd Corbin,
STRATEGY ~ Assistant
General
- Manager
4. THE METROPOLITAN WATER DISTRICT OF SOUTHERN Robert
CALIFORNIA'S IMPORTED WATER RATES AND LOCAL DeLoach,
WATER RATES General
Manager/CEO
5. CITY PRESENTATION ON WATER CONSERVATION EFFORTS Jeff Barnes,
Parks and
Landscape
Maintenance
Superintendent
JUNE 2, 2009 JOINT CV WD BOARD AND RC CITY COUNCIL MEETING AGENDA
PAGE 2
6. RECYCLED WATER SYSTEM UPDATE
ADJOURN
Martin
Zvirbulis,
Deputy General
Manager
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Board Secretary (909) 987-2591, 48 hours prior to
the scheduled meeting so that the District can make reasonable arrangements.
Pursuant to Government Code Section 54957.5, any writing that: (1) is a public record; (2) relates to an
agenda item for an open session of a regular meeting of the Board of Directors; and (3) is distributed less
than 72 hours prior to that meeting, will be made available for public inspection at the time the writing is
distributed to the Board of Directors. Any such writing will be available for public inspection at the District
offices located at 10440 Ashford Street, Rancho Cucamonga, CA 91729. In addition, such a writing may
also be posted on the Districts web site.
Posted May 28, 2009
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MEMORANDUM
CITY MANAGER'S OFFICE
RANCHO
Date: May 26, 2009 C,UCAMONGA
To: Mayor and Members of the City Council
President and Board of Directors of Cucamonga Valley Water District
From: Pamela S. Easter, Assistant City Manager
Subject: Agenda # 3 -Review of Ordinances 47 and 48 and Implementation Strategy
In anticipation of the CVWD staff's presentation on the Ordinances and implementation strategy,
this memorandum provides background material related to Cucamonga Valley Water District
Board's consideration of Ordinances 47 and 48 that would further advance CVWD's water
conservation initiatives and help deal with the developing issues related to our State water supply.
The background material includes correspondence between the Water District and City related to
the proposed Ordinances that were considered by the Water Board on March 24, 2009, and
subsequently delayed to provide an opportunity for the Water District staff to meet with City staff
and others interested in the proposed Ordinances.
Since that time, Ordinance 47 has been passed by the CVWD Board, with plans are to have the
Board consider Ordinance 48 in the near future.
The following is a list of what is attached:
March 16 letter from General Manager Robert DeLoach to City Manager Jack Lam
advising of the Water Board's consideration of two new water conservation
ordinances, 47 and 48. Copies of the draft Ordinances are attached.
• March 24, 2009 Letter from Mayor Don Kurth to President Randall Reed requesting a
delay consideration of the Ordinances, for an opportunity for the two agencies to
discuss the proposed Ordinances.
• April 9, 2009 letter from Deputy General Manager Martin Zvirbulis to Assistant City
Manager Pamela Easter, providing a summary of the joint staff workshop that was
held on April 1, 2009to discuss the proposed Ordinances.
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1 ~ ~/~f _ 1
Y
Attachments
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~~Cucamonga Valley
Water District -
ROBERT A. DeLOACH
Seaetay/Gensal Mana3enGE0
March 16, 2009
10440 Ashford Street
Rancho Cucamonga, CA 91730-2799
(909) 987-2591 Fax (909) 476-8032
UI~ U ~ ~ L'J
Mr. Jack Lam, City Manager
CnY OF RANCHO CUCAMONGA
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Dear Mr m.
~.
The purpose of this letter is to inform you of developing issues related to our State water supply. You may have
recently seen or read about Governor Arnold Schwarzenegger proclaiming a State of Emergency due to the
drought, and ordering immediate action to deal with the crisis. This is the first time a drought emergency has
been declared that includes all counties in the State of Calrfomia.
Over the past three years, our region has experienced extended dry weather patterns. Cucamonga Valley
Water District (CVWD) has been monitoring and planning for the potential impacts that these drought conditions
may have on our customers. As you may recall, 50% of CVWD's water supply is imported from northern
California, and its reliability as well as cost is very volatile. In anticipation of reductions to CVWD's allocation of
imported water supply by the Metropolitan Water District of Southern Calrfomia (MWD), we have taken steps to
ensure a reliable supply of water to meet all of our customers' needs, while not hindering the spirit of economic
development within the communities that we serve.
In an effort to further advance CVWD's water conservation message, our Board of Directors will consider the
adoption of two new Ordinances:
• Ordinance 47 -Water Use Efficiency -sets and describes minimum standards for water use efficiency
for CVWD customers. This ordinance, in part, is designed to set forth the new standard or "way of life"
for water use within the District.
• Ordinance 48 -Water Supply Shortage Contingency Plan - establishes a plan and methodology to
reduce water consumption by implementing staged water restrictions during periods of extended
drought or other water supply emergencies.
Public Hearings on both Ordinances has been scheduled for March 24, 2009.
In addition to the impacts of the continuing drought, CVWD is challenged with escalating costs of our imported
water supply. In January of 2009, the MWD raised rates by 17%, and additional increases in excess of 20% are
expected in the coming year along with possible surcharges due to the Federally-mandated pumping reductions
in the Sacramento-San Joaquin River Delta. It is anticipated that these increases will add over $1.7 million to
CVWD's source of supply costs in fiscal year 2009-2010.
CUCAMONGA VALLEY WATER DISTRICT
MAR 19 2009
RANDALL J. REED KATHYTIEGS OSCAR GONZALEZ HENRY L."HANK"STOP JAMES V. CURATALO, JR.
President Vice Pn:sidenf Director Director ~ Director
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Mr. Jack Lam
March 16, 2009
Paae 2
We recognize the importance that a reliable, cost effective and sustainable water supply plays in
meeting the needs of the communities that we serve. CVWD is committed to doing so in a fiscally
responsible manner while ensuring that necessary actions are taken to keep our customers informed
of the challenges ahead, and making the most efficient use of our existing water supplies.
We will continue to keep you posted as we receive information about our current water supply
situation. Please do not hesitate to contact me 'rf you have questions.
cc: CVWD Board of Directors
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ORDINANCE NO. 47
AN ORDINANCE OF THE CUCAMONGA VALLEY WATER DISTRICT
OF SAN BERNARDINO COUNTY, CALIFORNIA,
RESCINDING ORDINANCE 41
AND ENCOURAGING WATER USE EFFICIENCY
WHEREAS, the State of California and western United States has limited supplies of
drinking water, and;
WHEREAS, Cucamonga Valley Water District practices diligent stewardship of this
valuable resource, and;
WHEREAS, the District's Board of Directors encourages the efficient use of all water
supplies.
WHEREAS, it is hereby declared that the conditions prevailing in azeas served by
Cucamonga Valley Water District, the azeas of the State of California and elsewhere from which the
District obtains its water supplies require that the water resources available to the District be put to
the maximum beneficial use to the extent to which they are capable, and that waste or unreasonable
method of use of water be prevented, and the conservation of such waters is to be exercised with a
view to the reasonable and beneficial use thereof in the interests of the people of the District and for.
the public welfare.
WHEREAS, Water Code Section 31026 authorizes the District to iestrict the use of water
during any emergency caused by drought, or other threatened or existing water shortage, and to
prohibit the wastage of District water or the use of District water during such periods, for any
purpose other than household uses or such other restricted uses as maybe determined to be
necessary by the District and may prohibit use of such water during such periods for specific uses
which the District may from time to time find to be nonessential:
WHEREAS, Water Code Section 350 et seq. and Section 375 et seq. authorize the District to
declare a water shortage emergency condition whenever it finds and determines that the ordinary
demands and requirements of water consumers will not be satisfied without depleting the water
supply of the District to the extent that there will be insufficient water for human consumption,
sanitation and fire protection. The District has the power and authority to enact a water
conservation measures pursuant to Water Code Section 350 et seq. and 375 et seq.
NOW, THEREFORE, THE BOARD OF.DIRECTORS OF THE CUCAMONGA VALLEY
WATER DISTRICT OF SAN BERNARDINO COUNTY, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
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SECTION I: As of the effective date of this Ordinance No. 47, Ordinance No. 47 shall
supersede, and otherwise control, over Ordinance 41 and Ordinance 41 shall be of no further force.
or effect.
SECTION 2: DEFINITIONS
2.1 "DISTRICT": Cucamonga Valley Water District
2.2 "AREA OF SERVICE": For the purposes of this Ordinance, the area of service shall
be defined as all of the Cucamonga Valley Water District
2.3 "CUSTOMER/PERSON": Any natural person, firm, or corporation.
2.4 "GENERAL MANAGER/CEO": The person designated by the District to supervise the
operation of the public water system and who is charged with certain duties and
responsibilities by this Ordinance, or his/her duly authorized representative.
SECTION 3: AUTHORITY
This Ordinance is adopted pursuant to Water Code Sections 31026, 31027, 350 et seq., and 375 et
seq. Pursuant to the Water Code Sections 31027, 350 et seq., and 375 et seq., a notice of public
hearing was published at least seven (7) days prior to the date of the public hearing which was
conducted on January 13, 2009 at 6:00 p.m., or as soon thereafrer as practicable at 10440 Ashford
Street, Rancho Cucamonga, CA 91730-2799 as part of the Regular Meeting of the Board of
Directors. A certified copy of the proposed Ordinance was also posted at the District offices at least
five (5) days before the hearing. Notice of the time and place of the public hearing was published in
a newspaper of general circulation within the District.
SECTION 4: WATER USE EFFICIENCY PRACTICES
Customers are required to practice the following activities:
(1) Hosing paved areas for health and safety purposes only with a waterbroom or water-
efficient pressure washer using not more than 5 gallons per minute.
(2) Wash vehicles with a shutoff nozzle so that water does not flow to waste.
(3) Operate decorative fountains with recirculating systems only.
(4) Upon notification, repair all leaks.
(5) Adjust sprinklers so there is no run-off, over-spray or excessive irrigation from the
property.
(6) Restaurants will only serve water on request.
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(7) Hotels will offer guests the option to not launder linen daily.
(8) Industrial customers will review their water-using processes to look for ways to
conserve water.
No water customer of the District shall make, cause, use, or permit the use of water in a manner
contrary to any provision of this Ordinance. .
SECTION 5: FAILURE TO COMPLY
Financial penalties will be assessed for a customer who, in the reasonable discretion of the General
Manager/CEO, or his/her representative, violates this Ordinance. Exhibit A, attached hereto and
incorporated herein by reference, outlines those penalties and the method of notifying a customer
that he/she is.violating District policy. The regulatory purposes of imposing the requirements and
financial penalties, as set forth in this Ordinance and Exhibit "A," aze to conserve water, deter waste
and unreasonable use of water, encourage efficiency, and to cover the costs incident to the
investigation, inspection, and administration of the enforcement of this Ordinance and Exhibit "A."
Such costs of this regulatory program include, but are not necessarily limited to, the cost of District
personnel for administration of this program, notices, publications, implementation of conservation
measures/programs and the monitoring and enforcement of penalties.
SECTION 6: SEVERABILITY
If any provision, paragraph, word, section, or article of this Ordinance is invalidated by any court of
competent jurisdiction, the remaining provision, paragraphs, words, sections, and articles shall not
be affected and shall continue in full force and effect.
SECTION 7: EFFECTIVE DATE OF ORDINANCE
This Ordinance is effective immediately upon its adoption..Within ten (10) days after adoption of
this Ordinance, this full Ordinance with the names of those Directors voting for and against the
Ordinance shall be published in a newspaper of general circulation and a certified copy of this
Ordinance, along with the names of those Directors voting for and against the Ordinance, will be
posted in the District offices.
ADOPTED this day of , 200 _
Randall J.
President
ATTEST:
Robert A. DeLoach
Secretary
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ORDINANCE NO. 47
EXHIBIT "A"
Financial penalties will be assessed for a customer who violates the requirements outlined in
Section 4 of Ordinance 47. Below aze the penalties listed by the number of times a customer
violates said District policy:
(a) First violation. The District shall issue a written notice of a first violation to the water
customer.
(b) Second violation. For a second violation, the District shall impose a penalty in an
amount of Fifty Dollars ($50.00) added to the water customer's water bill:
(c) Third violation. For a third violation, the District shall impose a penalty in an amount
of One Hundred Dollazs ($100.00) added to the water customer's water bill.
(d) Fourth violation. After a fourth and any subsequent violation, the District shall
impose a penalty in an amount of One Hundred Fifty Dollars ($150.00) added to the water
customer's water bill.
The regulatory purpbses of imposing the requirements and financial penalties, as set forth in this
Ordinance and Exhibit"A," are to conserve water, deter waste and unreasonable use of water,
encourage efficiency, and to cover the costs incident to the investigation, inspection, and
administration of the enforcement of this Ordinance and Exhibit "A." Such costs of this
regulatory program include, but are not necessarily limited to, the cost of District personnel for
administration of this program, notices, publications, implementation of conservation
measures/programs'and the monitoring and enforcement of penalties.
NOTICING
The District shall give notice of a violation of Ordinance No. 47 to the water customer as follows:
(a) The first notice of violation shall be a warning given to the customer by using a door
hanger.
(b) The second violation shall be in writing by regular maiLto the address at which the
water customer is normally billed.
(c) Notice of second or subsequent violations shall be given in writing in the following
manner:
(i) By giving the notice to the customer at the property where the violation occurred;
or
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(ii) If the water customer is absent from or unavailable at the premises at which the
violation occurred, by leaving a copy with some person of suitable age and discretion
at the premises and sending a copy through the regular mail to the address at which the
water customer is normally billed; or
(iii) If a person of suitable age or discretion cannot be found, then by affixing a copy
in a conspicuous place at the premises at which the violation occurred, and also sending a
copy through the regular mail to the address at which the customer is normally billed.
The notice shall contain a description of the facts of the violation and a statement.of the penalties for
each violation.
APPEAL PROCESS
(1) The application of this Ordinance is not intended to have a disproportionate impact on
customers who have implemented conservation methods or installed water saving
devices.
(2) A water customer may appeal to the.District in writing if he/she feels that this
Ordinance causes an undue hardship. The written request shall provide a justification
for a reduction of a restricted use violation. Documentation must be provided to support.
the request and reasons outlining the hardship must be included.
(3) The request shall be reviewed by the General Manager or designee(s) and the customer
will receive a written response from the District.
(4) A customer may appeal the District's decision by requesting a review by a committee
designated.by the Board of Directors. The decision of this committee will be final.
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ORDINANCE NO. 48
AN ORDINANCE OF CUCAMONGA VALLEY WATER DISTRICT
ESTABLISHING A WATER SUPPLY SHORTAGE CONTINGENCY PLAN
THE BOARD OF DIRECTORS OF THE CUCAMONGA VALLEY WATER
DISTRICT DOES ORDAIN AS FOLLOWS:
SECTION 1: STATEMENT OF POLICY
It is hereby declared that the conditions prevailing in areas served by Cucamonga Valley Water
District, the areas of the State of California and elsewhere from which the District obtains its
water supplies require that the water resources available to the District be put to the maximum
beneficial use to the extent to which they are capable, and that waste or unreasonable method of
use of water be prevented, and the conservation of such waters is to be exercised with a view to
the reasonable and beneficial use thereof in the interests of the people of the District and for the
public welfare. Water Code Section 350 et seq. and Section 375 et seq. authorize the District to
declare a water shortage emergency condition whenever it finds and determines that the ordinary
demands and requirements of water consumers will not be satisfied without depleting the water
supply of the District to the extent that there will be insufficient water for human cohsumption,
sanitation and fire protection. The District has the power and authority to enact a water shortage
contingency plan and water conservation measures pursuant to Water Code Section 350 et seq.,
to ensure an available water supply at the levels necessary to maintain human consumption,
sanitation, and fire protection during the period as described herein.
SECTION 2: DECLARATION OF PURPOSE
The purpose of this Ordinance is to establish a Water Supply Shortage Contingency Plan to
minimize the effect of cutbacks in Cucamonga Valley Water District's water supply and to adopt
provisions that will significantly reduce the consumption of water thereby extending the
available water required for the District's customers. Water shortage conditions can be caused
by a vaziety of reasons, including but not limited to: drought, equipment breakdown, power
outage, and failure or maintenance of the imported water system. Shortage conditions can take
the form of both short term and long term events. A short term event may only impact
operations for a period of hours or days, while long term events could last weeks, months or
years. Response to the shortage is dependent upon the severity of the shortage, the part of the
system affected, current system demands, and projected longevity of the situation.
SECTION 3: AUTHORIZATION TO IMPLEMENT WATER SHORTAGE
CONTINGENCY PLAN
Pursuant to Water Code Sections 31027, 350 et seq. and 375 et seq., a notice of public hearing
was published at least seven (7) days prior to the date of the public hearing which was conducted
on March 24, 2009 at 6:00 p.m., or as soon. thereafrer as practicable at 10440 Ashford Street,
Rancho Cucamonga, CA 91730-2799 as part of the Regular Meeting of the Board of Directors.
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A certified copy of the proposed Ordinance was also posted at the District Offices at least five
(5) days before the hearing. Notice of the time and place of the public hearing was published in
a newspaper of general circulation within the District.
The Board of Directors shall declare, change and rescind, as applicable, the particulaz stage of
the water supply shortage through the adoption of a resolution from time to time as deemed
necessary by the Board of Directors. Within ten (10) calendar days of adoption of the resolution
declaring, changing or rescinding the applicable stage of water supply shortage, the Board of
Directors shall issue its determination of shortage and corrective measures by public
proclamation published in a daily newspaper of general circulation a minimum of three (3) times
for three (3) consecutive weeks. Three (3) publications in a newspaper regularly published once
a week or ofrener, with at least five (5) days intervening between the respective publication dates
not counting such publication dates, are sufficient. Such declaration and' notice shall provide the
extent, terms and conditions respecting the use and consumption of water in accordance with the
applicable water conservation stage provided. by this Ordinance. Upon such declaration and
publication' of such notice, due and proper notice shall be deemed to have been given each and
every person supplied water within the District.
Any prohibitions on the use of water shall become effective immediately upon such publication.
Any provisions requiring curtailment in the use of water shall become effective with the first full
billing period commencing on or afrer the date of such publication.
SECTION 4: REDUCED WATER USAGE
STAGE 1 -ORDINANCE NO. 47, "Encouraging Water Use EfTiciency"
This Stage (Ordinance No. 47) outlines mandatory prohibited water waste practices. This Stage
remains in effect at all times and it is not necessary that the Board of Directors adopt a resolution
.for this Stage:
STAGE2-ALERT
A Stage 2 shortage may be declared when the Board of Directors determines that it is likely that
the District will require customers to reduce their water usage by ten percent (10%) from the
previous year's billing cycle for fiscal year 2007-2008.
STAGE 3 -WATER WARNING
A Stage 3 shortage may be declared when the Board of Directors determines that it is likely that
the District will require customers to reduce their water usage by fifreen percent (15%) by
eliminating outdoor watering up to two days each week. The days of no watering will be
assigned by the District when Stage 3 is enacted by resolution of the Board.
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Penalties for violating any of the above provisions will be assessed according to Section 5.
STAGE 4 -WATER EMERGENCY
A Stage 4 shortage may be declared when the Board of Directors determines that it is likely that
the District will require customers to reduce their water usage by twenty-five percent (25%) by
eliminating outdoor watering up to three days each week. Days will be determined by the
District when Stage 4 is enacted by resolution of the Board.
Penalties for violating any of the above provisions will be assessed according to Section 5.
STAGE 5 -WATER SEVERE EMERGENCY
A Stage 5 shortage may be declared when the Board of Directors determines that it is likely that
the District will require customers to reduce their water usage by fifty percent (50%) or more by
eliminating outdoor watering from four to seven days, to be determined by the severity of the
water emergency. The days of no watering will be determined by the District when Stage 5 is
enacted by resolution of the board.
Additionally, there will be no construction water other than recycled water during a severe
emergency.
Penalties for violating any of the above provisions will be assessed according to Section 5.
SECTION 5: FAILURE TO COMPLY
Financial penalties will be assessed for a customer who, in the reasonable discretion of the
General Manager/CEO, or his/her representative, violates this Ordinance. Exhibit A, attached
hereto and incorporated herein by reference, outlines those penalties and the method of notifying
a customer that he/she is violating District policy. The regulatory purposes of imposing the
requirements and financial penalties, as set forth in this Ordinance and Exhibit "A," are to
conserve water, deter waste and unreasonable use of water, encourage efficiency, and to cover
the costs incident to the investigation, inspection, and administration of the enforcement of this
Ordinance and Exhibit "A." Such costs of this regulatory program include, but are not
necessarily limited to, the cost of District personnel for administration of this program, notices,
publications, implementation of conservation measures/programs and the monitoring and
enforcement of penalties.
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SECTION 6: SEVERABILITY
If any provision; paragraph, word, section, or article of this Ordinance is invalidated by any court
of competent jurisdiction, the remaining provision, paragraphs, words, sections, and articles shall
not be affected and shall continue in full force and effect.
SECTION 7: CONFLICTING PROVISIONS
If provisions of this Ordinance are in conflict with each other, other rules and regulations of the
District, any other resolution or ordinance of the District, or any State law or regulation, the more
restrictive provisions shall apply.
SECTION 8: EFFECTIVE DATE OF ORDINANCE
This Ordinance is effective immediately upon its adoption.
ADOPTED this day of , 200 _
Randall J. Reed
President
ATTEST:
Robert A. DeLoach
Secretary
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ORDINANCE NO. 48
EXHIBIT "A"
Financial penalties will be assessed for a customer who violates the requirements outlined in
Section 4 of Ordiriance 48, Reduced Water Usage. Below are the penalties listed by the number of
times a customer violates said District policy:
(a) First violation. The District shall issue a written notice of a first violation to the water
customer.
(b) Second violation. For a second violation, the District shall impose a penalty.in an
amount of Fifty Dollars ($50.00) added to the water customer's water bill.
(c) Third violation. For a third violation, the District shall impose a penalty in an amount
of One Hundred Dollars ($100.00) added to the water customer's water bill.
(d) Fourth violation. After a fourth and any subsequent violation, the District shall
impose a penalty in an amount of One Hundred Fifty Dollars ($150.00) added to the watei
customer's water bill.
The regulatory purposes of imposing the requirements and financial penalties, as set forth in this
Ordinance and Exhibit "A," are to conserve water, deter waste and unreasonable use of water,
encourage efficiency, and to cover the costs incident to the investigation, inspection, and
administration of the enforcement of this Ordinance and Exhibit "A." Such costs of this
regulatory program include, but are not necessarily limited to, the cost of District personnel for
administration of this program, notices, publications,. implementation of conservation
measures/programs and the monitoring and enforcement of penalties.
NOTICING
The District shall give notice of a violation of Ordinance No. 48 to the water customer as follows:
(a) The first notice of violation shall be a warning given to the customer by using a door
hanger.
(b) The second violation shall be in writing by regular mail to the address at which the
water customer is normally billed.
(c) Notice of second or subsequent violations shall be given in writing in the following
manner:
(i) By giving the notice to the customer at the property where the violation occurred;
or
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(ii) If the water customer is absent from or unavailable at the premises at which the
violation occurred, by leaving a copy with some person of suitable age and discretion
at the premises and sending a copy through the regular mail to the address at which the
water customer is normally billed; or
(iii) If a person of suitable age or discretion cannot be found, then by affixing a copy
in a conspicuous place at the premises at.which the violation occurred, and also sending a
copy through the regular mail to the address at which the customer is normally billed.
The notice shall contain a description of the facts of the violation and a statement of the penalties for
each violation.-
APPEAL PROCESS
(1) The application of this Ordinance is not intended to have a disproportionate impact on
customers who have implemented conservation methods or installed water saving
devices.
(2) A water customer may appeal to the District in writing if he/she feels that this
Ordinance causes an undue hazdship. The written request shall provide ajustification
for a reduction of a restricted use violation. Documentation must be provided to support
the request and reasons outlining the hardship must be included.
(3) The request shall be reviewed by the General Manager or designee(s) and the customer
will receive a written response from the District.
(4) A customer may appeal the District's decisioq by requesting a review by a committee
designated by the. Boazd of Directors. Tfie decision of this committee will be final.
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RANCHO
C,UCAMONGA
March 24, 2009
THE CITY OF RANCHO CUCAMONGA
Randall Reed
President, Board of Directors
Cucamonga Valley Water District
10440 Ashford Street
Rancho Cucamonga, California 91730-2799
Subject: Proposed CVWD Ordinances 47 and 48
Deaz Mr. Reed,
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Mayor
DoN,u.u J. KUR'1'I I, 1f.D.
Maor AroTem
L. DIiNN15 M1fICI1Ali1.
Counalmemberr
fu.x CiUI'1IiRRl~:%
SAM11 SPAGNOLO
D1,1N1? Wuaaanfs
City Manager
l:ux Lanf, AICP
While we understand the current water crisis in California and the need for proactive action by CV WD, we
would like to share our concerns and suggestions related to the proposed Ordinances 47 and 48 that the CV WD
Board of Directors will be considering at your March 24, 2009 meeting. It is our understanding that the CV WD
staff will be making a recommendation to delay consideration of the Ordinances for a period of time so that
CV WD can have discussions with the City and potentially other stakeholders. We would support this
recommendation to postpone yow decision to provide ample time for our City Council to meet with your Board
in a workshop setting as well as for our staffs to work together.
The City of Rancho Cucamonga has been proactive for a number of years in implementing a number of water
conservation measwes. Due to our conservation efforts to date and the subsequent reductions in our ongoing
water usage over the years, we are concerned that such proposed reductions would place us in a position where
it may be near impossible to achieve additional water use reductions without sacrificing ow investment in the
City's green infrastructwe. Our self initiated proactive reduction measwes include controlling water usage in
our parks and parkways, which accounts for the largest portion of ow water usage, through the use of smart
controllers to City owned weather stations, implementation of the "60/40 ordinance" in 1990 (that limited the
percentage of landscape to 60% coverage and hardscape to 40%), instituting seasonal watering using water
schedule adjustments), and aggressive conversion to recycled water as made available by CVWD and IEUA.
The foregoing actions have allowed the City to meet or exceed the water conservation standards in our parks
that aze being put in place in 2010 for new landscape construction by the State of California. Through its
planning standazds, the City has encowaged the use of water conserving vegetation in commercial and
industrial areas as well as installed water conserving fixtures in our new City facilities. Finally, the City has
10500 Civic Center Ur. • P.O. Box 807 • Rancho Cucamonga, CA 91729 • "I'el 909 477-2700 • hax 909 477-2849 • www.ci.cancho-cucamonga.ca.us
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recently modified our development standards to allow the use of artificial turf in residential areas as well as
piloted the City's use of the same at the llay Creek Fire Station and in the planning for the Hellman Station.
The City works closely with CV WD to minimize our water use during main waterline shutdowns occasionally
required for MWD maintenance.
In reviewing the proposed Ordinances, we have the following concerns:
• The proposed Ordinances treat all water customers equally and do not differentiate between types of
customers or their levels of water use.
• The Ordinances do not provide any consideration for proactive conservation measures already in place
by water users, prior to the last several years.
• No consideration is being given for the stewazdship of the public trust on the part of the City, school
districts, Chaffey College, etc. with regard to the hundreds of millions of dollars worth of investment in
"green" infrastructure in .the community. Mandated water prohibitions at the latter stages of
conservation proposed in Ordinance 48 could result in significant damage to the "green" infrastructure
as well as create potential health and safety concerns from dead or dying trees, shrubs and what could
happen to those items resulting from high winds or fire conditions.
• There is no acknowledgement of golf courses, in which there is no available recycled water, and how
they would protect their "green" infrastructure during the advanced stages of water reduction.
• There is concern that these Ordinances have been created in a vacuum, with little or no outreach done in
the community or major water users to gain feedback and suggestions.
• There aze potential conflicts between City's green residential lawn ordinance and existing C, C & Rs in
many private residential developments in the community that require maintenance of green lawns and
common landscaping with the five stages of water use reductions that are in Ordinance 48. These
conflicts need to be better explored and understood, and accounted for.
• There is no exemption for required dust control on construction sites or the use of water through public
fire hydrants by the Fire District. '
• In its continued expansion of City facilities, we anticipate some high water use facilities, including
Central Park as well as new parks or park expansions. If the use of recycled water is not available, how
will the proposed Ordinances treat these new water uses?
We would respectfully submit the following recommendations and suggestions to be considered by the
Board prior to consideration of adopting the two proposed Ordinances:
• Urge CV WD to have an open dialogue with key public and private stakeholders to develop a proactive
drought management plan to meet and manage our supplies of potable water while protecting the public
trust and investment in the community's extensive local green infrastructure.
10500 Civic Center Ur. • P.U. Rox 807 • Rancho Cucamonga, CA 91729 •'rel 909 477-2700 • Fax 909 477-2849 • www.ci-rancho-cucamnonga,ca.us
3
P17
• Identify ways in which the City and other users who have consistently lowered their use of water
through conservation methods over the last 10 -I S years can be given "credit" for these, when having io
implement the various stages of water cutbacks.
• Provide a process for submittal of an exemption or reduction from mandatory non-water days based
upon documented current water conservation plans and practices and use of recycled water.
• Consider establishing a tiered non-residential commodity rate that accounts for users who have already
implemented conservation measures prior do the last several years as well as to encourage enhanced
conservation. (Currently, CVWD only has a tiered water rate structure for residential.) Also evaluate
transitioning landscape related City meters to an interruptible rate.
• Provide for special consideration in planning and scheduling of non-watering days for large public and
private customers during emergency conditions, such as high winds or fires.
• Provide a process for submittal of an exemption (or reduction) application from mandatory non-water
days based upon documented current water conservation plans and practices and use of recycled water.
• Encourage CVWD to explore funding opportunities to speed up the implementation of recycled water
availability to water users in the community, including public and private users who have substantial
landscaping investments.
Thank you in advance for your consideration of deferring a decision on the Ordinances to allow time for a
dialogue with our City Council and staff as well as other stakeholders. As part of this, our City Council would
hope to have a meeting with the CVWD Board in a workshop setting for discussions on the proposed
Ordinances as well as the District's plans for expanding the use of reclaimed water and other water conservation
proposals.
We look forward to the opportunity of working with you on this important matter.
Sincerely,
~~
Donald J Kurth, .D.
Mayor
Cc: Members of the Rancho Cucamonga City Council
Members of the CV WD Board of Directors
Robert DeLoach, General Manager/Chief Executive Officer
JoLynn Russo-Pereyra, Assistant General Manager for External Affairs
Jack Lam, AICP, City Manager
Pamela Easter, Assistant City Manager
John Gillison, Deputy City Manager/Administrative Services
Linda Daniels, Redevelopment Agency Director/]nterim DCM/Comm. Dev.
Dave Blevins, }'ublic Works Director
Jim Howell, Interim Public Works Director
10500 Civic Center Dr. • P.U. Hox 807 e 2ancho Cucamonga, C.1 91729 •'fel 909 477-2700 • I+ax 909 477-2849 • www.ci-rancho-cucamnonga.ea.us
~~Cucamonga Valley
eater District
Robert A. DeLoach
General Manager
Chief Executive Officer
Apri19, 2009
P18
Ms. Pamela S. Easter
Assistant City Manager
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729-0807 .
10440 Ashford Street • Rancho Cucamonga, CA 91729-0638
P.O. BOX 638 • (909) 987-2591 • Fax (909) 476-8032
p ~~~G ~~(~~II
APR 13 2009 i U
Subject: Water Ordinance Review -Joint Staff Workshop
Dear Ms. Easter:
The purpose of this letter is to summarize the information discussed in our recent Cucamonga
Valley Water District/City of Rancho Cucamonga joint staff workshop held on,April 1, 2009
regarding CV WD's proposed water ordinances. I .wanted to take this opportunity to recap some
of the highlights of our discussion.
As explained at our meeting, CVWD is compelled to adopt its proposed Water Use Efficiency
Ordinance ("Ordinance No. 47") and Water Shortage Contingency Plan Ordinance ("Ordinance
No. 48") for a couple of reasons:
1.) Water Use Efficiency Ordinance No. 47 - On Januazy 13, 2009 the Metropolitan Water
District Board of Directors authorized water use efficiency ordinance implementation as
a prerequisite to participation in extraordinary conservation programs sponsored by
MWD. To date, CV WD has received over $84,000 in funding for conservation programs
and MWD has authorized over $518,000 in funding for the benefit of Alta. Loma,
Cucamonga, Etiwanda, Central and Chaffey Joint Union High School districts through
their Public Sector Program. Additionally, we have requests pending with MWD for
more than $125,000 which includes over $39,000 in funding for the retrofit of the City of
Rancho Cucamonga's new recycled water service connections to landscape medians.
Further delay of adoption and implementation of CV WD's Ordinance No. 47 will
jeopardize this funding, as well as future funding requests. Therefore, as we discussed,
CVWD will be moving forward with the adoption of this ordinance at its continued
public hearing on May 12, 2009.
2.) Water Shortage Contingency Plan Ordinance No. 48 -The California Water Code
Section 10632 Urban Water Contingency Analysis, Required Elements, states that an
urban water supplier shall provide an urban water shortage contingency analysis that, in
Randall J. Reed Kathy Tiegs Oscar Gonzalez Henry L. "Hank" Stoy James V. Garofalo, Jr.
President Vice President Director Director Director
Water Ordinance Review- Joint Staff Workshop
addition to other requirements, describes the stages of action to be undertaken in response
to water supply shortages, including up to a 50% reduction in water supply. Additionally,
the Ordinance is required to include mandatory prohibitions against specific water use
practices during water shortages and assessment of penalties or charges for excessive use.
Since the adoption of CVWD's last Urban Water Management Plan in 2005, the
California Department of Water Resources has informed us that our current ordinance is
no longer' acceptable and must be replaced with a detailed ordinance that meets the
specific requirements of the law. CV WD's Ordinance No. 48 in its present form complies
with these requirements. Adoption and implementation of this ordinance must occur prior
to the submittal of the District's Urban Water Management Plan which is due before
December 2010.
As we shared with you, CV WD relies on imported water supplies to meet 50% of its current
water supply needs, which may change over time as additional local supplies of groundwater and
recycled water are developed. However, concerns about impacts td the imported component of
our water supply associated with prolonged drought, federal court orders reducing exports from
the Sacramento-San Joaquin River Delta, as well as concerns about the reliability and
sustainability of the delta infrastructure create a sense of urgency for the adoption and
implementation of Ordinance No. 48. Ordinance No. 48 provides a detailed and specific plan to
address water supply contingencies to ensure adequate supplies of water for the health and safety
of our community.
Implementation of each ordinance would vary somewhat. Implementation of our proposed Water
Use Efficiency Ordinance, No. 47 would occur immediately upon adoption by CV WD's Board
of Directors, and the best management practices described therein would be in effect from that
point on. Adoption and implementation of the Water Shortage Contingency Plan Ordinance, No.
48 creates a formal guideline to be utilized in response to situations-when the District's demands
exceed available supplies for reasons which may include, but not be limited to, drought,
equipment failure, or catastrophic infrastructure failure of the State Water Project. Prior to
implementation, however, CV WD's Board of Directors would hold a public hearing to determine
that a water supply shortage does exist and adopt, by resolution, a declaration of a water supply
shortage and recommend enacting the appropriate level of response based on the severity of the
water supply emergency.
Enforcement of these ordinances is intended to be proactive with enough flexibility to
accommodate the varying classes of customers that we serve. The message associated with the
promulgation of Ordinance No. 47 has been a part of CV WD's outreach, education and
communication program for a number of years. CV WD uses its publications like the Pipeline
and local and regional public service advertising campaigns; as well as education programs such
as, our Kid's Environmental Festival, Learning Center and Garden; community events such as
our annual Water Awareness Day (this year Saturday, May 9, 2009), Residential Landscape
Classes and our recent Water Efficient Landscape Tour, which was attended by over 150
residents, to communicate our conservation message to customers. In addition, the CVWD
website (www.cvwdwater.com) .includes a conservation page with many tips to improve water
use efficiency.
P19
Additionally, as we explained to the other members of your management team, the proposed
ordinances are not intended to have a disproportional impact on those customers that have
already incorporated water conservation practices into their present lifestyles. Rather, they are
Water Ordinance Review- Joint Staff Workshop
intended to heighten awareness of additional opportunities that may exist to improve water use
efficiency, particulazly outdoor use. Attached to this letter is a graphical depiction of CV WD's
water consumption by customer class (Attachment A). As you can see, outdoor residential and
landscape irrigation use is 57% of the total water consumed within the CV WD service area.
Although, modest levels of conservation can be achieved through incorporation of best
management practices within the home, based on historic data we have seen that significant
reductions in water use can be achieved by adjusting the frequency and duration of outdoor
watering cycles.
The City of Rancho Cucamonga's investment in its automated irrigation control system is an
essential tool for improving water use efficiency. We understand that there may be locations
where little more can be done to conserve beyond present levels; however CV WD would like to
continue its efforts working with your parks and landscape staff to identify those areas where
improvement is achievable. For your information, I have attached two charts (Attachment B),
which we discussed with the other members of your team present at the meeting, that show the
City's total consumption history for the past six years. As you can see, there is correlation with
rainfall, however, it should be noted that the City's average consumption per service has
increased by 43% since 2003 while the number of new service connections has increased by just
15%. CVWD is committed to working with the City to reduce landscape irrigation use where
possible without causing harm to existing plantings and continue to maximize the use of recycled
water as new facilities are constructed based on the availability of funding.
We applaud your efforts to conserve water and want to reassure you that we will work closely
with the City to ensure the availability of sufficient water supplies to meet your needs as well as
the health, safety and drinking water needs of the communities we serve. I look forward to our
next meeting with City staff members on April 28, 2009 to continue our discussion regarding
.these important ordinances.
If you have any question, or need additional information please call or email me.
Yours truly,
bar": a
Martin E. Zvirbulis
Deputy General Manager
Attachment A & B
Cc w/ attachments: Mr. Jack Lam, AICP, City Manager
Ms. Linda Daniels, Redevelopment Director
Mr. John Gillison, Deputy City Manager, Administrative Services
Mr. Jim Howell, Interim Public Works Director
Mr. Jeff Barnes, Pazks & Landscape Superintendent
P20
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~er District
~a;.b«~•
Rohert A.DeLoach
General Manager
Chief Executive Officer
Apri123, 2009
~ U P24
10440 Ashford Street • Rancho Cucamonga, CA 91729-0638
P.O. BOX 638 • (909) 987-2591 • Fax (909) 476-8032
Mr. Jeff Bames
City of Rancho Cucamonga
PO Box 807
Rancho Cucamonga CA 91730-0907
SUBJECT: METROPOLITAN WATER DISTRICT DROUGHT ALLOCATION
BUDGET IMPACTS
Dear Mr. Barnes:
As a follow-up to my last letter regarding the development of issues related to our state
water supply I would like to update you on some recent actions taken by the Metropolitan
Water District of Southern California (MWD) and how these changes impact the
Cucamonga Valley Water District (District) and our customers.
The Boazd of Directors for the MWD recently took action to approve a 10% drought
allocation for water service within their service azea, as well as adopt a budget reflecting
increases in the cost of imported water starting in late summer. As a lazge consumer of
water within our service azea; we wanted to inform you of their decision and.the possible
impacts to our local water supply.
The action to reduce supplies of imported water is the fast such action by the MWD since
1991. The District receives approximately 50% of its total water supply from MWD
through the State Water Project with the balance made up of groundwater, recycled water
and surface water from our local canyons. The actual impact of this reduction on the
District's imported water supplies maybe as high as 14% and will go into effect on
July 1, 2009.
The reductions will impact almost 19 million residents throughout Southern California
and aze the result of a drought that is in its third yeaz as well as legal restrictions which
have reduced water supply coming from the State Water Project system. In February of
this yeaz, Governor Schwarzenegger announced a water supply emergency recognizing
the serious conditions facing all of California. The District, along with the other retail
agencies within the MWD service azea, is working with our customers to reduce their
water usage.
Randall J. Reed Kathy Tiegs Oscar Gonzalez Henry L. "Hank" Stoy James V. Garofalo, Jr.
President ~ Vice President Director ~ Dlrector Director
MWD Drought Allocation Budget Impacts
Apri123, 2009
Page 2
As a result of the financial impacts of higher imported water costs due to supply
reductions, the MWD Boazd of Directors also took action to approve atwo-step rate
increase. Effective September 1, 2009, wholesale water rates will be raised 34.2% with
an additional 21.5% increase added on January 1, 2011. These are the largest rate
increases the District has experienced from the MWD.
The District is continuing to analyze the impacts of both the reduction in supply and the
rate increases on our overall water supply and our current rate structure. Our objective is
to maintain adequate supplies of water to meet our customer's demands while minimizing
the impacts of the rate increase on their existing operations. We aze working closely with
other water agencies throughout the Inland Empire orr this matter, and will continue to
pursue projects and programs such as recycled water and conservation that reduce our
demand for imported water supplies.
District staff is available to provide individual site water audits to assist our customers
with analyzing their individual water usage. We understand that given the current
economic climate, these changes enacted by MWD represent a difficult challenge and,we
stand ready to assist where possible. If you would like assistance analyzing your water
usage, please contact Mr. Darron Poulsen, Customer Service Officer at (909) 987-2591.
Respectfully,
Q ~,
ob t A. DeLoa h
General Manager/CEO
c: CV WD Boazd of Directors
Deputy General Manager
Assistant General Manager/Extemal Affairs
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