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HomeMy WebLinkAbout75E - PH - WATER SHORTAGE PENALTIESREQUEST FOR COUNCIL ACTION lei III C9916111ZM 10 i,1 :441111ki [rlJ-, 1114 AUGUST 4, 2015 TITLE: PUBLIC HEARING — RESOLUTION TO ADOPT PENALTIES FOR NONCOMPLIANCE WITH WATER CONSERVATION TARGETS DURING PHASE 2 WATER SHORTAGE PERIOD 77!;C PLAN NOS. 6--,G�1yH�; 5, 2; 5, 6F} 1�_Ci9T/.riZ,� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _W•:• •, ❑ As Recommended ❑ As Amended ❑ Ordinance on let Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing a penalty rate of $4.65 per hundred cubic feet on water use above the mandated reduction level of 12 percent set in the June 2, 2015, Phase 2 Water Supply Shortage declaration. Background The state of California continues to experience severe drought conditions. On April 1, 2015, the Governor issued an executive order to cities and towns across California to cut water use. The State has since required that the City of Santa Ana reduce its water use by 12 percent as compared to 2013 or face fines of up to $10,000 per day. On May 19, 2015, Council amended and updated the City's water conservation ordinance to incorporate newly adopted State regulations prohibiting water wasting. Examples of water wasting activities include not fixing broken water pipes, over - irrigation, and washing down driveways and sidewalks. The revised ordinance allowed for enforcement of water wasting prohibitions by fines of up to $500. On June 2, 2015, City Council adopted a resolution declaring a Phase 2 Water Supply Shortage, pursuant to Santa Ana Municipal Code (SAMC) Section 39 -105, enacting various water conservation measures and use restrictions. The most notable use restriction of the Phase 2 Water Supply Shortage is a requirement for all water users to reduce their consumption by 12 percent as compared to their 2013 consumption as required by the State of California Drought Emergency Water Conservation regulations. The City has mailed notification letters to all of its water customers informing them of the new Phase 2 restrictions, including personalized illustration of their individual 12 percent conservation targets. While allowed in the conservation ordinance, no specific enforcement measures were prescribed with this action. 75E -1 Resolution— Adoption of Penalties for Noncompliance With Phase 2 Water Conservation Targets August 4, 2015 Page 2 Enforcement Upon declaring the Phase 2 Water Supply Shortage, Council directed staff to formulate suitable enforcement measures. Staff worked with a consultant, Black & Veatch (B &V), to analyze and develop alternatives for a water consumption penalty. Staff recommends implementing a penalty rate of $4.65 per hundred cubic feet (hcf) on water use above the 12 percent reduction level. Penalty applies to exceedances only The recommended penalty rate applies only to water consumed in excess of the 12 percent reduction target, as required by the Phase 2 Water Supply Shortage. There is no impact on customers who meet their conservation targets. Notice of first violation No penalty will be incurred for the first violation. Customers whose water use exceeds the required 12 percent reduction will receive an initial warning notice on their utility bill. However, the proposed penalty would be applied on the second and subsequent violation(s) until such time that Council declares the Phase 2 Water Supply Shortage to be ended. Relief from compliance In accordance with SAMC Section 39 -105, at the discretion of the Executive Director of Public Works Agency, customers who can demonstrate extenuating circumstances in their ability to reach the 12 percent water use reduction, such as business growth, significant increase in household size, and/or other relevant factors may be granted exception from the penalty. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy H (complete waterlwaste water rate study to ensure adequate resources to capture critical long -term capital needs); Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability); and, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy F (incorporate health and wellness into all applicable policies and plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75E -2 Resolution — Adoption of Penalties for Noncompliance With Phase 2 Water Conservation Targets August 4, 2015 Page 3 FISCAL IMPACT Revenue collected from the penalty rate will be deposited in the Water Conservation Penalty Account (No. 06017002- 53731) in accordance with State requirements that such monies be segregated in a water stewardship fund and restricted for use only on water conservation related expenses, F d Mousavlohr Executive Director Public Works Agency FMMS APPROVED Fps TO FUNDS AND ACCOUNTS Executive Director Finance & Management Services Agency Exhibits: 1. Black & Veatch Memorandum, ,tune 12, 2015 2. Resolution 75E -3 BLACK &VEATCH Building a world of difference MEMORANDUM City of Santa Ana Water & Wastewater Rate Studies Subject : Development of Water Drought Rates To: Nabil Saba From: Ann Bui, Black & Veatch B &V 175203 B &V File Number A4 Date 12 June 2015 In accordance with your May 14, 2015 request to Black & Veatch, Corporation (Black & Veatch), we hereby submit this Technical Memorandum (TM) describing the work conducted in support of the development of the proposed Drought Rates. This TM serves as an addendum to the 2014 Water Financial Plan, Rate Study /Rehabilitation & Replacement Program Report (2014 Water Study Report) and uses the same methodologies endorsed by the American Water Works Association (AWWA) M- 1 Manual. Disclaimer In conducting our study, we reviewed the books, records, agreements, and customer sales and financial projections of the Water Enterprise as we deemed necessary to express our opinion of the operating results and projections. While we consider such books, records, documents, and projections to be reliable, Black & Veatch has not verified the accuracy of these documents. The projections set forth in this technical memorandum below are intended as "forward- looking statements ". In formulating these projections, Black & Veatch has made certain assumptions with respect to conditions, events, and circumstances that may occur in the future. The methodology utilized in performing the analyses follows generally accepted practices for such projections. Such assumptions and methodologies are reasonable and appropriate for the purpose for which they are used. While we believe the assumptions are reasonable and the projection methodology valid, actual results may differ materially from those projected, as influenced by the conditions, events, and circumstances that actually occur. Such factors may include the City's ability to execute the capital improvement program as scheduled and within budget, regional climate and weather conditions affecting the demand for water, and adverse legislative, regulatory or legal decisions (including environmental laws and regulations) affecting the ability of any of the enterprise's ability to manage the system and meet water quality, waste discharge, and / or other regulatory or environmental requirements. Background With the water supply outlook becoming less promising, water wholesaler Metropolitan Water District of Southern California (MWD) has implemented a three -stage allocation to customers like the City of Santa Ana (City). The Water Supply Allocation Plan (WSAP) imposes surcharges on agencies that exceed delivery limits at a WSAP Level 3 Regional Shortage Level. To meet its anticipated water use reduction target associated with that action, the City may in turn need to implement a water allocation for its water customers. Exhibit 1 75E -4 MEMORANDUM Page 2 B &V 175203 B &V File A4 12 June 2015 As allowed in the City's Municipal Code under Section 39 -112 (2) Water Shortage Contingency Plan, the City of Santa Ana can implement a water allocation methodology per customer account and a schedule of surcharges or penalties for exceeding the water allocation. Any customer that uses water in excess of the allocation will be subject to a surcharge or penalty for each billing unit of water in excess of the allocation. The surcharge or penalty for excess water usage will be in addition to any other remedy or penalty that may be imposed for violation of this section of the Municipal Code. Such surcharge or penalty must comply with the requirements of Proposition 218. Drought Allocation Approach Under the Governor's emergency drought restrictions mandate, the City is being required to reduce its current consumption levels by 12 percent over the same period calendar year 2013. At the direction of the City, Black & Veatch examined the City's revenue requirements for FY16 and adjusted the projected water sales to meet the Governor's mandated cutback of 12 percent. In orderto meet the 12 percent cutback level, Black & Veatch reviewed the consumption levels of the City's customer classes. Table 1 summarizes the levels of reduction that are expected by customer class. -fable 1: Drought Reduction Levels by Customer Class ['] Includes Multi - Family Residential, Government, Commercial, Industrial, Institutional, and Schools Single - family residential customers have a high potential for water reduction since approximately 50 to 60 percent of water usage is associated with outdoor irrigation. Non - residential customers typically have separate indoor and outdoor meters, and so, the ability to reduce indoor consumptive use is more limited. Irrigation accounts have the greatest ability to reduce usage in times of drought. Implementation of the Table 1 target reduction levels will follow the procedures outline in the City's Phase 2 Water Supply Shortage resolution. Table 2 summarizes the change in total consumption in hundred cubic feet (hcf) due to drought. 75E -5 MEMORANDUM Page 3 B &V 175203 B &V File A4 12 June 2015 Table 2: Change in Total NN ater Usage 6,263,314 5,345,000 4,688,409 4,266,700 2,857,248 2,653,300 659,135 643,100 1,238,037 1,059,300 _ 566,277 359,600 • , • 12,044 11,200 The customers allocation for each billing period will be calculated on each bill based on the above targets. The lower percentage reduction for commercial customers takes into consideration the limited ability of commercial customers to reduce interior use without potentially impacting health and safety and / or significant process changes. Many commercial customers also have irrigation only meters where they will be asked to reduce usage by a greater amount to meet the City target. Process water is exempt from reduction targets. Process water, defined consistently with and pursuant to the California Department of Water Resources' definition, means water used by industrial water users for producing a product or product content, or water used for research and development. Process water includes, but is not limited to; the continuous manufacturing processes, water used fortesting, cleaning and maintaining equipment. Water used to cool machinery or buildings used in the manufacturing process or necessary to maintain product quality or chemical characteristics for product manufacturing or control rooms, data centers, laboratories, clean rooms and other industrial facility units that are integral to the manufacturing or research and development process shall be considered process water. Water used in the manufacturing process that is necessary for complying with local, State and federal health and safety laws, and is not incidental water, shall be considered process water. Process water does not include incidental, commercial or institutional water uses. Surcharge for Exceeding Allocation Targets As allowed by the City's Municipal Code, the City can assess a surcharge for usage that exceeds allocation levels. This surcharge is applied only to the amount of usage in excess of the pre- determined allocation. The basis for the surcharge amount can include, but may not necessarily be limited to, the following: 1. The surcharge the City will have to pay M WD and /or the State for exceeding its allocation. The surcharge can be calculated the exact same way that the MWD will calculate any City surcharge, thus passing to the customer any surcharges it may have caused the City. Should the City not incur any surcharges (other customers used less than their allocations), funds collected from surcharge may be refunded to the customers, retained and used for the 75E -6 MEMORANDUM Page 4 B &V 175203 B &V File A4 12 June 2015 implementation of water conservation programs for the customer class the surcharge was collected from, or used to mitigate future rate adjustments. 2. The additional cost of purchased water that may result due to non - compliance with the cutbacks. Any surcharges must comply with Proposition 218 requirements. Proposed Drought- Driven Revenue Adjustments In developing the proposed drought rate options for the City, Black & Veatch assumes that the City will be required to reduce its groundwater supply by 12 percent and that the Orange County Water District (OCWD) will limit the City's ability to draw from groundwater resources. The City plans to limit groundwater pumping to 70 percent of total consumption and supplement the remaining water via purchases from MWD. Applying the targeted reductions outline in Table 1, the City needs to adjust its rates in order to recover the lost revenue due to the water use curtailment. Table 2 illustrates the revenue requirements for the Water Utility as a result of drought. Note that the City already has a 2.8 percent revenue increase planned for fiscal year (FY) 16. The impact of the mandated reductions is an additional increase of 4.2 percent, which allows the City to recover sufficient revenue to meet operational requirements. Proposed Drought Rates There are several different options available to apply the drought surcharge to the existing rate structure. 1. The City could apply the increase to the commodity charge in an equally manner to all customers (excluding recycled water customers). This means that all commodity rates would increase 4.2 percent above the proposed July 2015 rates. For example, on July 1" 2015, the Tier 1 rate will be $2.79 /hcf. Applying the 4.2 percent surcharge, this rate becomes $2.91 /hcf. 2. Alternatively, the City could apply the surcharge to only the portion of water that excess the net reduction targets outlined in Table 1. Under this option, the surcharge is as follows: a. Revenue shortfall due to mandatory reductions= $5,943,600 (From Table 3. Drought Line 5 — Current Plan Line 5 — Drought Line 3) b. Required volume reduction = 1,946,264 hcf (From Table 2) c. Surcharge for non - compliance = $5,943,600/1,946,264 hcf = $3.07 /hcf 3. Should the City wish to recover the revenue shortfall as a fixed charge, then one option would be to simply charge the fee as a per bill cost. a. Revenue shortfall = $5,943,600 b. Total bills issued in FY 15/16 = 267,762 c. Charge per bill = $5,943,600/267,762 = $22.31/bill 75E -7 MEMORANDUM Page 5 B &V 175203 B &V File A4 12 June 2015 Table 3: Comparison of Revenue Requirements under Current Plan and Drought 75E -8 Revenue 1 Revenue from Existing Rates 49,784,800 45,397,100 Year Months Effective Rate Adj ,.. 2 FY 14/15 4 2.8% 1,394,000 1,271,100 3 FY 15/16 12/4 2.9%17% 1,433,000 1,306,700 4 Increased Revenue Due to Adjustments _ 4827,000 2,577,800 5 Total Rate Revenue 52,611,800 47,974,900 6 Other Operating Revenue 1,529,400, 1,528,400 7 Interest Income 252,800 230,200 8 Total Other Revenue 1,781,200 1,758,600 9 Total Revenue $54,393,000 $49,733,500 Revenue Requirements 10 O &M Expenses 25,391,700 23,555,800 11 Water Purchase 20,056,800 21,892,700 12 Routine Capital Outlay 3,298,400 3,298,400 Debt Service 13 Existing Debt 1,575,100 1,575,100 14 Proposed Debt 1,171,500 1,171,500 15 Total Debt Service 2,746,600 2,746,600 Transfers 16 Transfer to Fund 66 - Water CIP 7,350,000 7,350,000 17 Transfer to NPDES Fund 1,578,400 1,439,200 18 Total Transfers 8,928,400 8,789,200 19 Total Revenue Requirements $60,421,900 $60,282,700 Operating Fund Balance 20 Net Cash Balance (6,028,900) (10,549,200) 21 Beginning Fund Balance 28,296,500 28,296,500 22 Net Cumulative Working Capital Balance $22,267,600 $17,747,300 Target Reserve (25% of O &M) + $11VI Emergency 23 Fund 12,206,500 12,206,500 75E -8 MEMORANDUM Page 6 B &V 175203 B &V File A4 12 June 2015 4. For each of the above options, the City may also wish to charge cost recovery for the State's fine for non - compliance. As of this date, the State is considering a $10,000 /day fine for non- compliance with the required cutbacks. Table 5 summarizes the surcharge options above. fable 5: Summar'N of Drought Surcharge Options $2.79 /hd Plus $0.12 /hcf Plus $3.07 /hcf $3.36 /hcf Plus $0.14 /hcf Plus $3.07 /hcf Applied to Applied to all only units above usage reduction level 75E -9 $22.31/bill Plus $1.88 /hcf Plus $1.88 /hcf Applied to Applied to only units every bill above reduction level jxs 07/2212015 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING PENALTIES FOR NONCOMPLIANCE WITH WATER CONSERVATION TARGETS DURING PHASE 2 WATER SHORTAGE PERIOD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 1, 2015, Governor Jerry Brown issued an executive order to cities and towns across California to cut water use by 25% as part of a sweeping set of mandatory drought restrictions, the first in state history. B. On April 1, 2015, State water officials measured the lowest April 1 snowpack in more than 60 years of record - keeping in the Sierra Nevada. C. On April 14, 2015, the Governing Board of the Metropolitan Water District ( "MWD ") took action to reduce water deliveries to its member agencies, including the City of Santa Ana, effective July 1, 2015. D. Because of the action taken by the MWD, beginning July 1, 2015, the City's water deliveries will be reduced by 15 %. E. The MWD action also includes heavy surcharges for member agencies that exceed their allocations. The surcharge will be roughly four times the normal price of an acre foot of water for use beyond the allocated amount. F. The State of California's Drought Emergency Water Conservation regulations provide that the City of Santa Ana must reduce its monthly total potable water production by 12 %, using 2013 as the base year. G. On May 19, 2015, the City Council adopted a Water Conservation Ordinance (Ord. No. NS -2877) pursuant to Water Code §§ 375, et seq. which provided further guidance as to the different types of water conservation requirements and restrictions that correspond to the different water shortage levels. Resolution No. 2015 -xxx Page 1 of 4 75E -10 jxs 07122!2015 H. On June 2, 2015, the City Council, as the governing body of the City of Santa Ana Water Resources Division, a water distributor, declared that water shortage emergency conditions prevail within the area served by the City and, pursuant to Santa Ana Municipal Code section 39 -105 and Water Code sections 350 and 353, the City Council declared a Phase 2 Water Supply Shortage and ordered that water customers must reduce their monthly total potable water consumption by 12 %, using 2013 as the base year. Section 2. Pursuant to Santa Ana Municipal Code sections 39 -111 and 39 -112 and consistent with California Water Code sections 375 and 377, and for the reasons set forth herein, the City Council declares that water customers that do not reduce their monthly total potable water consumption by 12 %, using 2013 as the base year, will be subject to a penalty of $4.65 per hundred cubic feet (HCF) for water used in excess of the customer's conservation target. This volumetric penalty will be assessed only on water use beyond the conservation target. Relief from compliance from Phase 2 water use curtailment provisions shall be available upon proper showing under Santa Ana Municipal Code Section 39 -113. Section 3. The sole purpose of the penalty /fine is to compel water users to comply with enacted water conservation use restrictions as required by both the City's and State's emergency drought regulations. Section 4. All monies collected from the established volumetric penalties are restricted and will only be used in water conservation related expenses. Section 5. The administrative appeal procedures that shall govern the imposition, enforcement, collection and administrative review of the volumetric penalties imposed for failure to comply with water curtailment shall be those procedures contained in Chapter 3 of the Santa Ana Municipal Code. Section 6. The penalties in this resolution shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution. Section 7. All customers are urged to reduce water usage by following water conservation practices inside and outside the home. Section 8. Business owners are encouraged to take steps to improve their water use processes. Section 9. The City encourages infrastructure upgrades to the water system involving (1) technology which provides up -to -date use information and trends to Resolution No. 2015 -xxx Page 2 of 4 75E -11 jxs 07122/2015 residents and business owners through a web -based customer engagement system, and (2) leak detection systems which allow early detection of water leaks to minimize waste and conserve water. Section 10. The City Council agrees to support actions which deal with the current drought conditions and calls for increased awareness and extraordinary conservation of our precious resource. Section 11. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th day of August, 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M Jose Sandoval, Chief Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75E -12 Resolution No. 2015 -xxx Page 3 of 4 jxs 07/22/2015 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 2, 2015. Date Clerk of the Council City of Santa Ana 75E -13 Resolution No. 2015 -xxx Page 4 of 4 75E -14