1. CITY OF SAN JUAN CAPISTRANO
Urgency Ordinance
Stage 3 Declaration
Continued from May 19, 2015
Water Urgency Ordinance for City Council Discussion and Consideration June 2, 2015

2. Items for Discussion/Consideration
Adopt an Urgency Ordinance amending the water shortage stages, prohibitions, and penalties
Adopt a Resolution declaring a revised Stage 3
Approve using penalty revenues to augment incentive programs and outreach/educational programs.

3. Supplementary Agenda Report
City Attorney Recommendations
Ordinance language refinements
Redlined Urgency Ordinance attachment
Revised Stage 2 or Stage 3 Water Shortage Resolution
June 16, 2015, City Council meeting
Resolution defines:
Watering schedule
Monthly Drought Limit methodology

4. Utilities Commission /Ad Hoc Committee
Monthly Drought Limit
Cumulative 3 month period
Based on 28% of 2013 budget allocation
Watering assigned schedule
Residential even/odd address numbers
Odd address - Monday / Thursday
Even address – Wednesday / Saturday
All other business/commercial property – Tuesday / Friday
Subsidize turf program beyond Metropolitan limitation
Residential $1.00 per sq. ft. up to 9000 square feet
Appeals Exception Request
Case by case presentation of alternative conservation plan
Ordinance specific to Potable Water

5. Ordinance Revisions from May 19, 2015
Landscape Irrigation Stage 2: Two (2) day per week watering assigned schedule (Defined in Resolution)
Landscape Irrigation Stage 4: No lawn watering and limit all other landscape to one (1) day per week
Pools Stage 4: No new pool/spa construction permits
Pools Stage 5: Pools/spas/all water features prohibited from filling for any reason
“Seasonal” Monthly Drought Limit for deriving water use penalty
Appeals Exception: Case by case circumstance

6. Monthly Drought Limit
Based on 28% reduction from 2013 water budget allocation (Methodology defined in Resolution)
Three (3) month Drought Limit projection will appear on customer bill
Allows customers to track and gauge conservation
Provides for savings from one month to next
Water use above Drought Limit is a violation
Penalty applies to each unit of water use above the three (3) month cumulative drought limit
Penalty applied to bill upon completion of consecutive three (3) month period

7. Ordinance Penalties
Adds penalties for use above a drought allocation in Stages 2 through 5 of the Ordinance
Stage 2 Water Alert: 50% of tier 3 rate per billing unit
Stage 3 Water Warning: 100% of tier 3 rate per billing unit
Stage 4 Water Crisis: 200% of tier 3 rate per billing unit
Stage 5 Water Emergency: 400% of tier 3 rate per billing unit
Penalty is in addition to all applicable water service charges
It is a fine imposed for an Ordinance violation; Does not require a Proposition 218 process

8. Average Customer – Drought Limit
Actual three (3) month period example

9. High Use Customer – Drought Limit
Cumulative Use Over Limit

10. Incentive Programs
Turf, timer, and toilet programs currently offered and managed by the Metropolitan Water District of Southern California (MET)
Toilet replacement incentive offered by the City
(Pre-1993 toilets)
Penalty revenues may be dedicated to reinvesting back into the community and augmenting these incentive programs:
Increase turf by $1 per square foot + increase square foot limit ?
Increase toilets by $100 per toilet?
Subsidize education and outreach
Limited to the amount of penalty revenue received

11. Incentive Programs
Metropolitan Revised Turf Replacement Program Outline
Residential (Single Family Home, Condo, Townhouse) = $2.00 per square foot up to 3,000 square feet with a one-time per property limit of $6,000.
Commercial (HOA, Apt., Business Park, Golf Course) = $1.00 per square foot up to 25,000 square feet, with a limit of $25,000 per property.
Public Space (City Owned Property, Park, etc.) = $2.00 per square foot for the first 3,000 square feet and $1.00 per square foot for up to an additional 44,000 square feet, with an limit of $50,000 per property.

12. Declaring a Revised Stage 3
Would implement penalty of 100% of current tier 3 rate for water use above the drought allocation (~$5.15/CCF )
Applies only to potable water accounts, not recycled
Would prohibit installing new turf or rehabilitating turf
Would prohibit car washing except at a car wash (car wash must recycle the water)
Would increase requirements for recycled water use for construction purposes

13. Fiscal Impact
Non-compliance to the State Water Board’s restrictions subject to $10,000 per day fine.
Use of penalty revenues to augment incentive programs, education, and outreach limited to amount received.

14. Items for Discussion/Consideration
Adopt an Urgency Ordinance amending the water shortage stages, prohibitions, and penalties
Adopt a Resolution declaring a revised Stage 3
Approve using penalty revenues to augment incentive programs and outreach/educational programs.