Scenes of wrecked and submerged neighborhoods in the aftermath of Sandy, the East Coast superstorm, are unlikely to be repeated in Orange County anytime soon

Editorial –

O.C. flooding – What could happen here – Could the District at Tustin Legacy be Under Water – Literally and Financially –

Scenes of wrecked and submerged neighborhoods in the aftermath of Sandy, the East Coast superstorm, are unlikely to be repeated in Orange County anytime soon.

But something very like it happened in 1938. Days of rain dropped more than 9 inches over Orange County, more farther inland, turning much of northern Orange County into a lake as the Santa Ana River overflowed its banks.

The flood claimed at least 19 lives, left 2,000 homeless and yielded memorable black-and-white photos of drowning cars and buildings in Anaheim.

Something very like it also happened in December 2010. More than 9 inches of rain fell over 12 days in Orange County – enough for a 1938-style catastrophe. But the widespread devastation didn’t happen this time.

The difference comes down to human engineering. The 1938 flood prompted construction of Prado Dam above Orange County on the Santa Ana River, and the concrete channelization of riverbeds across Southern California.

Sealing riverbanks in concrete speeds storm flow on its way to the ocean, depriving us of the chance to capture some water, perhaps, but preventing catastrophic flooding.

“As much as everybody complains about concreting rivers, if we hadn’t done that, we would have had 1938 déja vu all over again,” said Bill Patzert, an ocean and climate researcher at the Jet Propulsion Laboratory in Pasadena. “We’re somewhat immunized against floods.”

Somewhat, however, does not mean completely. More localized flooding remains a genuine threat in Orange County.

And while the chances of a city-swallowing deluge are far lower because of flood control, they aren’t completely out of the question.

A 190-year storm – one that would be expected statistically once every 190 years – could wreak similar havoc even with present flood control measures, said Tom Bucklew of the U.S. Army Corps of Engineers, project manager for the Santa Ana Mainstem Project.

With a total estimated pricetag of $2.1 billion, the project so far has included a variety of improvements along the Santa Ana River, the raising of Prado Dam and the building of the Seven Oaks Dam near the river’s headwaters in San Bernardino County.

The goal is to provide Orange County with 190-year flood protection. At the moment, we have 70-year flood protection.

“There are still hundreds of millions of dollars needed to complete the project,” said Kevin Onuma, manager of Orange County’s OC Flood section.

The remaining work includes improvements around Prado Dam.

“It wouldn’t be something we have to do tomorrow,” Bucklew said. “But within the next few years, we want to make sure we finish the project.”

In our case, the culprit behind a massive downpour is unlikely to be a hurricane. While we sometimes experience the backwash from weakened remnants of Pacific hurricanes, in the form of heavy rains, the chance of the hurricanes themselves reaching this far north are close to zero.

A churning hurricane must be powered by warm water.

“We have a very cold California current, called a hurricane vaccine,” Patzert said.

Instead, the big threat to Southern California would come in the form of an “atmospheric river,” sometimes called the Pineapple Express.

That is when a chain of storms, one behind another, flow over the region from the Pacific.

The 1938 deluge might have been one such atmospheric river; the downpour in 2010 definitely fit the bill.

“Two things allowed us to have 20 million people – headed for 30 million, by the way – in Southern California,” Patzert said. “One was water infrastructure, the other was flood control infrastructure. Without all that concrete and all those pumping stations, most of us wouldn’t be here.”

Contact the writer: 714-796-7865 or [email protected].

https://www.ocregister.com/articles/county-376599-flood-orange.html

Turf Rebates – one country club got $1.9 million – the rebates amount to a transfer of wealth, he said – they often go to the rich, who can afford to pay for new cars, pricey solar panels and landscape contractors

During the brief heyday of Southern California’s turf removal rebate program, 17 Orange County country clubs, cities and homeowners associations got rebate checks of more than $100,000 for tearing out turf and replacing it with drought-tolerant plants, according to records.

The country clubs were part of a flood of rebate applications from homeowners and businesses that drained several hundred million dollars from the Metropolitan Water District’s reserves in a matter of months, leading the district to institute caps on maximum rebates and, eventually, shut down the program for lack of funds.

The six-figure payouts – in the county’s largest payout, one country club got $1.9 million – were funded largely by unexpectedly high water sales in recent years and came in the form of bills collected from homeowners, businesses and public agencies from Los Angeles to Santa Ana to San Diego.

The turf removal rebate program was lauded as a way to get Southern California unhooked from its water addiction. Lawns suck up vastly more water than what water officials dub “California-friendly” landscapes of succulents, desert plants and native shrubs, and replacing them was seen as key to surviving the current, four-year drought.

Though the program existed for years, interest in the program skyrocketed after Gov. Jerry Brown declared California was in a state of drought in January 2014.

And it made a major splash in early 2015 – a trajectory that correlates with the severity of the drought, the public’s awareness of it and the amount of money available for those willing to sacrifice their yards.

In 2010, when the program was young, payouts for Orange County homeowners and businesses were $1 per square foot. For the first nine months of 2013, the rate was lowered to 30 cents per square foot. But in October 2013, it increased to $1, and in May 2014, it increased to $2.

The Municipal Water District of Orange County (MWDOC) uses Metropolitan funds to operate the program for all of the county except Santa Ana, Anaheim and Fullerton, which go directly through Metropolitan.

Since starting the rebate program, MWDOC has processed rebates for the removal of 9.5 million square feet of turf.

APPLICATIONS SOAR

In January 2014, MWDOC was getting 10 rebate applications per month. By September, it was getting 800 per month. And by April 2015, it was getting 1,600 a month, said Joe Berg, the director of water use efficiency at MWDOC.

To keep up with demand, Metropolitan added $350million to the conservation budget in May of this year, bringing the total conservation budget for all of Southern California to $450 million. Of that, $390 million was devoted to turf rebates.

By early July, officials had shut down the program because demand outstripped even the increased amount of cash.

“Frankly, we weren’t prepared for that incredible increase in participation,” Berg said. “When the program exploded in participation, it was not financially a sustainable program for us. We could not rebate our way out of the drought. We needed to put in some cost controls.”

And that’s what MWDOC and Metropolitan did. Before May, homeowners and businesses could get as much rebate money as they had approvals. A handful of Orange County country clubs and golf courses wrangled payouts of hundreds of millions of dollars in exchange for ripping out hundreds of thousands of square feet of turf.

A few homeowners also collected outsize payments: more than 25 Orange County homeowners received checks for more than $10,000 each.

PAYMENTS CAPPED

In May, officials instituted caps of 25,000 square feet per year for businesses and 3,000 square feet total for residences.

The nearly $1.9 million payout for El Niguel Country Club, with its lush golf course tucked in a Laguna Niguel valley featuring more than 7,000 yards of terrain, three lakes and a rambling creek, was by far the highest rebate in Orange County. It accounted for more than 10 percent of the rebate money paid out to county homeowners and businesses.

El Niguel General Manager Eric Troll did not respond to messages seeking comment.

No other business in Orange County collected more than $1 million. The next highest was just over $500,000. The highest residential rebate here was about $32,000.

Homeowners were issued 10 times as many rebates as businesses. But the businesses collected more money total – more than $9.9 million compared with just over $7 million. The average commercial rebate was also more than 14 times higher than the average residential rebate.

In Orange County, 345 commercial rebates were handed out, and the average was more than $28,800. Homeowners got roughly 3,500 rebates, with an average of $2,014.

After El Niguel started its headline-making renovation, MWDOC’s phones started ringing off the hooks with applications from other golf courses. Some didn’t apply in time to get rebates.

PROGRAM MAY RETURN

Just a handful of country clubs getting massive payments is “exactly what we want our caps to avoid in the future,” Berg said. He added that the rebate program will likely come back in a different form.

“We have a very limited budget and we want to stretch that budget over as many people as possible. We don’t want to give the majority of money to just a few sites,” Berg said.

There are advantages to offering fewer, larger rebates, however. It takes less administrative time and money to process fewer applications, and a gallon of water saved is a gallon saved, regardless of where.

But when more people get more rebates, it expands exposure to alternative, drought-tolerant landscapes, water district officials said. When a batch of homeowners gets rebates and plants succulents and other less-thirsty plants in a visually appealing fashion, their neighbors might be inclined to redo their own landscapes, with or without a rebate.

That’s exactly what happened in The Reserve, a gated community in San Clemente where MWDOC studied the impact that offering landscape rebates had on the community. Several years after a limited number of homeowners were given the incentive to redo their yards with drought-tolerant plants, neighbors had followed suit without an incentive.

And while payouts in the hundreds of thousands of dollars may be shocking to budget-conscious ratepayers, they aren’t a handout, said UC Irvine professor of planning, policy and design Dave Feldman. Golf courses and country clubs have paid water bills for years, likely at very steep, tiered rates. The rebate money comes from a pool that includes those water bills.

“You’re not just returning money. You’re returning money in a way that’s going to have a lasting and durable impact,” Feldman said.

LOW-INCOME HELP?

Any way you cut the checks, given California’s long love affair with water-sucking grass, the breakup is bound to be expensive.

“You have to start somewhere. We’ve invested in a certain kind of aesthetic in the region for many, many years, when water wasn’t such an inhibiting factor as it is today,” Feldman added.

The next step, he suggested, might be finding ways to open the turf rebate program to low-income homeowners. Currently, homeowners must first pay contractors to redo their lawns – the rebate comes later.

The turf rebate program has not been without its critics. Brett Barbre was one of several Orange County representatives to the Metropolitan board to vote against increasing rebate funding in May.

A staunch conservative, Barbre said he opposes rebates for other environmental causes such as electric cars and solar panels. The rebates amount to a transfer of wealth, he said. They often go to the rich, who can afford to pay for new cars, pricey solar panels and landscape contractors.

The rich also happen to be the patrons of exclusive country clubs.

“I just think it’s wrong to be going to a private country club. That’s not a proper use of ratepayer dollars,” Barbre said. “I think it’s going to be eye-opening for people when they see where the money is going,” he added.

Additionally, the water savings brought by turf rebates cost more per gallon saved than other rebates, such as toilets and showerheads, Barbre noted. Water experts say, however, that water-efficient appliance rebates have nearly run their course in California.

“There’s a sense that a lot of the water savings for indoor has already been picked,” said Matt Heberger, a research associate in the water program at the Pacific Institute, an environmental group in Oakland. “That’s why these turf replacement programs are attractive.”

https://www.ocregister.com/articles/rebate-683759-water-program.html
Contact the writer: [email protected] Twitter: @aaronorlowski

San Juan Capistrano water customers to get refunds for tiered rates

San Juan Capistrano, California –

Water customers in San Juan Capistrano who were charged under a pricey tiered system declared illegal can get their money back under a new refund process.

Anyone who paid for water under the top three of four tiers between Aug. 28, 2013, and June 30, 2014, is eligible for a refund or credit on future bills under the system approved Tuesday night by the City Council. The period covers from when an Orange County Superior Court judge ruled the tiers to be illegal to when the city implemented new prices last summer.

The new rate system includes tiers, but they’re not nearly as steep before: top users paid $11.67 per 100 cubic feet of water under the old rates; they pay just $5.15 now.

How much the refunds will cost the already cash-strapped city is unclear. City staff are preparing a report for the June 16 meeting that will include a projection and information on a formal application process.

That prompted Councilman John Perry, one of two residents who sued before he was elected, to vote against the refunds because he wanted to know how exactly they will be calculated.

“By any measure, they deserve every penny extra that they are forced to pay by the city,” Perry said.

The refund process comes as people like Eric Krogius, a Cota de Caza resident who used to live in San Juan Capistrano, have filed small claims to recoup the money they paid for the heavy tiers.

Krogius, who is U.S. Rep. Mimi Walters’ brother, said Wednesday he doesn’t plan to drop the claim he filed last month in Superior Court. And he said he still wants the money back he paid under the tiers prior to Aug. 28, 2013. His court hearing is scheduled July 13.

“I’m going to take it all the way to the end, and we’ll let the judge decide if they can arbitrarily decide that that’s the date,” Krogius said.

The city already is in a tight financial position. Years of unrelated litigation drained funds so much that when an appellate court in 2010 ordered the city to pay $6.35 million to a landowner over a development dispute, the city paid for about half of it by increasing property taxes in 2011 for the next 10 years.

City documents presented to the council Tuesday say the water rate refunds will increase a deficit in the city’s water budget that’s already expected to be at least $1 million by June 30, which is the end of the fiscal year.

It’s not the first time San Juan Capistrano’s water revenue hasn’t kept up with expenses: The city has supplemented that aspect of the budget for years. One of the biggest financial factors is a struggling groundwater recovery plant for which the city owes more than $40 million. Jim Reardon, who also sued the city, and Perry have long said they believe the water rates were artificially inflated to cover the enormous cost of the plant.

But city documents didn’t show how the rates related to the actual cost of water in San Juan Capistrano. That’s where the city ran into trouble: Proposition 218, enacted by voters in 1996, requires all government fees be set in accordance with cost. Reardon and Perry had long told the council the city water rates didn’t do that.

The 4th District Court of Appeal’s April 20 affirmation of the August 2013 Superior Court ruling attracted international attention and was criticized by Gov. Jerry Brown. The court was careful to emphasize that tiers in general aren’t illegal, but arbitrary tiers are.

But so many municipal agencies use tiered systems that the ruling has caused a scramble to ensure compliance and fend off more litigation. Last week, a class-action lawsuit was filed in Marin County over the tiered water rates there.

Contact the writer: 949-492-5122 or [email protected] On Twitter: @meghanncuniff.

https://www.ocregister.com/articles/city-664292-water-court.html

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