HomeMy WebLinkAbout20 - Water Conservation OrdinanceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 2n
September 22, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Director
949 - 644 - 3011, cimurdoch5newportbeachca.gov
SUBJECT: Revisions to City's Water Conservation Ordinance
ISSUE
Should the City's existing water conservation requirements change due to new
restrictions imposed on local groundwater and imported water supplies?
RECOMMENDED ACTIONS:
1. Introduce Ordinance No. 2009 amending Chapter 14.16 of the Newport
Beach Municipal Code;
2. Set a Public Hearing on Ordinance No. 2009 -_ for Tuesday, October 13, 2009,
at which time additional public testimony will be taken and the Ordinance will be
heard for a second time.
DISCUSSION:
General Background:
The existing ordinance is outdated and needs refinement to require the elimination of
wasting water and encourage water conservation for future years. Historically, reduced
water supply was caused by the lack of rainfall and catastrophic damage to our
facilities, ground water supplies, or imported sources. In addition to the historical
reasons, a new factor has contributed to lack of water supply to Southern California --
court decisions set forth to protect endangered species such as the Delta Smelt have
reduced pumping from the Delta.
Facing a third straight dry year and court- imposed limits on imported water, on April 14,
2009 the Board of Directors of the Metropolitan Water District of Southern California
(MET), which supplies imported potable water to our region, voted to cut water
Revisions to the Water Conservation Ordinance
September 22, 2009
Page 2
deliveries to its customers by up to 15% effective July 1, 2009. This is the first time this
has occurred since the 1987 -1992 drought.
On April 15, 2009, the Board of Directors of the Orange County Water District (OCWD),
which manages the groundwater basin to supply potable water to north and central
Orange County, voted to reduce the amount of water that can be pumped from the
groundwater basin (called a "Basin Pumping Percentage" or "BPP ") from 69% to 62 %; a
7% reduction.
Water Supply Background
The City receives its water from two sources:
1. Groundwater from wells in Fountain Valley. The groundwater resides in a large
aquifer administered by the OCWD.
2. Imported water from the Sacramento -San Joaquin Delta (transported via the
California Aqueduct) and the Colorado River (transported via the Colorado River
Aqueduct). The Municipal Water District of Orange County (MWDOC), a
member agency of MET, sells this imported water to us. MET water is more
expensive than OCWD water.
Currently, the City gets 62% of its supply from OCWD and 38% from the MWDOC /MET
imported sources. This diversity of supply, combined with credits that the City has
achieved due to its current and historical conservation efforts, including the use of
recycled water, means that although MET and OCWD have enacted 15% and 7%
cutbacks, respectively; the City will need to reduce its water consumption by
approximately 6 -9% to meet these cutbacks for this fiscal year (09110).
The outlook for future years is bleak, however. The court- mandated limitations on water
from the Delta mean that in years of average rainfall, Southern California will receive
only half the water it has been given over the past 25 years. In drought years, we may
receive little to no water out of the Delta — and there are no short term solutions or
agreed upon long -term solutions readily available.
In a worst case scenario, where both the Delta and the Colorado River water sources
are cut back, Southern California may receive only enough imported water for health
and safety uses, with little or none available for landscape irrigation. Due to both the
immediate and long -term implications of water supply cutbacks, MET, in coordination
with the California Urban Water Conservation Council (CUWCC), is requesting that all
member agencies adopt more stringent prohibitions against water waste, and develop a
plan for operating during prolonged water rationing.
Revisions to the Water Conservation Ordinance
September 22, 2009
Page 3
Water Conservation Ordinance Requirements and Chances
The City's water conservation ordinance was initially adopted in 1992 (Ord 92 -31) and
last updated in 1996 (Ord 96 -22). The proposed ordinance for Council consideration
substantially rewrites the existing ordinance by:
• Adding additional permanent water usage restrictions;
• Creating four (4) phases of water rationing, instead of the current nine (9)
phases;
• Providing for penalties for ordinance violations;
• Requiring an Implementation Plan that generally meets and /or exceeds water
conservation requirements set forth by MET and CUWCC.
Utilities Department staff have worked closely with Water Conservation /Code
Enforcement staff in the development of the ordinance, particularly in the retention of
limited provisions for relief from compliance (e.g., irrigation of food crops and
commercial nurseries), as well as provisions for appealing decisions to the Utilities
Director. It should also be noted that the City's special legal counsel reviewed the
penalties section to ensure that it complies with Proposition 218 requirements (i.e., they
are not additional fees or taxes, but true penalties for non - compliance).
A key feature in our proposed ordinance is the inclusion of 17 permanent water
conservation measures that residents and businesses would be required to put into
practice (Section 14.16.040). These measures are designed to optimize water -use
efficiency even if there is no immediate water supply shortage.
The ordinance lists four levels of the City's response to escalating water shortages.
Depending upon the degree of cutbacks needed, the Utilities Director would propose to
Council a declaration of one of the following:
• Level 1 Shortage Warning,
• Level 2 Significant Shortage,
• Level 3 Severe Shortage or
• Level 4 Crisis Shortage.
Level 1 shortage warning would require a maximum of 10% reduction in average water
use. In years where MET water is allocated to the City, it is anticipated that this level will
be active. Level 2 significant shortage would require a maximum of 25% reduction in
average water use. This level may be a result of MET allocations in combination with
local groundwater source cutbacks. Level 3 severe and Level 4 crisis would require a
maximum of 40% reduction in average water use. These levels are anticipated as a
result of a combination of groundwater supply shortages and extreme MET allocations
or a catastrophic failure of the City's distribution system or import supplies. In the Level
4 crisis shortage, all exterior irrigation is required to be stopped.
Revisions to the Water Conservation Ordinance
September 22, 2009
Page 4
The Implementation Plan (Plan) (Attachment B) provides a strategy for addressing the
implementation details of any of the four water shortage levels. Procedures included in
the Plan include the formation of a Drought Response Task Force, comprised of Utilities
Department and Water Conservation /Code Enforcement staff that will coordinate the
implementation of the Plan. Other significant elements of the Plan include an extensive
Public Information Program (PIP) that would provide clear and concise information on
irrigation schedules and allowable water practices.
Staff has also met with the Coastal /Bay Water Quality Committee to review and discuss
ordinance provisions to assess how they might complement or support City goals
designed to prevent ocean water pollution. For example, the provision "No excessive
water flow or runoff from lawns, landscaping and vegetated areas" meets both the goal
to save water as well as the goal to keep bay /ocean water clean by reducing runoff. The
Committee supports the adoption of the proposed ordinance.
Concurrent with the development and implementation of this ordinance, staff has been
working with other City departments to address overall "green" issues, of which water
conservation is an important element. Recently enacted laws will require extensive
energy and water conservation changes to the Building Code along with mandatory
water conservation landscape requirements for new homes; the Council will be
reviewing these in upcoming months. It is anticipated that these requirements will
enhance and compliment the proposed Water Conservation Ordinance, but they will not
replace or supersede its requirements.
Environmental Review:
This action is categorically exempt from CEQA
to assure the conservation of water, a natural
an action for the protection of the environment.
Prepared and Submitted by:
i
1-6eorg6 Murdoch, Utilities Director
pursuant to 14 CCR 15307 as an action
resource, pursuant to 14 CCR 15306 as
Attachments: A: Proposed Water Conservation Ordinance
B: Implementation Plan
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING CHAPTER 14.16
OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING
TO WATER CONSERVATION AND SUPPLY LEVEL
REGULATIONS
The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows:
SECTION 1: Chapter 14.16 of the Newport Beach Municipal code is hereby amended to read
as follows:
Chapter 14.16
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS
14.16.010 Findings and Purpose.
14.16.020 Definitions.
14.16.030 Applicability.
14.16.040 Permanent Mandatory Water - Conservation Requirements.
14.16.050 Procedure for Declaration of Water Supply Shortage; Continued Monitoring
of Conditions.
14.16.060 Level One Mandatory Water - Conservation Requirements.
14.16.070 Level Two Mandatory Water- Conservation Requirements.
14.16.080 Level Three Mandatory Water - Conservation Requirements.
14.16.090 Level Four Mandatory Water - Conservation Requirements.
14.16.100 Exemptions.
14.16.110 Relief from Compliance.
14.16.120 Enforcement.
Section 14.16.010 Findings and Purpose.
A. The purpose of this chapter is to establish a Water Conservation and Supply Shortage
Program that, to the greatest extent possible, will reduce water consumption within the City of
Newport Beach, enable effective water supply planning, assure reasonable and beneficial use
of water, prevent waste of water, maximize the efficient use of water and minimize the effect
and hardship of water shortage.
B. The Water Conservation and Supply Shortage Program created by this chapter
establishes permanent water- conservation requirements intended to alter behavior related to
water use efficiency for non - shortage conditions and further establishes four levels of water
supply shortage response actions to be implemented during times of declared water shortage.
C. The City Council finds as follows:
1. A reliable minimum supply of water is essential to the public health, safety and welfare of
the people and economy of the Southern California Region.
2. Southern California is a semi -arid region and is largely dependent upon imported water
supplies. A growing population, climate change, environmental concerns and other factors in
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ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
other parts of the State and western United States make the region highly susceptible to water
supply reliability issues.
3. Careful water management that includes active water conservation measures, not only
in times of drought but at all times, is essential to ensure a reliable minimum supply of water to
meet current and future supply needs.
4. Article X, section 2, of the California Constitution declares that the general welfare
requires that water resources be put to beneficial use, that waste or unreasonable use or
unreasonable method of use of water is prevented and that conservation of water be fully
exercised with a view to the reasonable and beneficial use thereof.
5. . Article XI, section 7 of the California Constitution declares that a city or county may
make and enforce within its limits all local, police, sanitary and other ordinances and regulations
not in conflict with general laws.
6. Water Code section 375 authorizes a water supplier to adopt and enforce a
comprehensive water conservation program to reduce water consumption and conserve
supplies.
7. The adoption and enforcement of the Water Conservation and Supply Shortage Program
is necessary to manage the City's water supply in the short and long term and to avoid or
minimize the effects of a supply shortage within the City's service area. Such a program is
essential to ensure a reliable and sustainable minimum supply of water for public health, safety
and welfare.
8. Recycled water is supplied in various areas throughout the City to conserve potable
water. Recycled water, like potable water, must be used efficiently and is therefore included in
this Program.
Section 14.16.020 Definitions.
In this chapter, the following words and phrases shall have the following meanings:
"Base amount" means a base amount of water usage per billing period to be determined for
each customer by the Utilities Director. For any particular billing period, the base amount shall
be as indicated on the customer's municipal services statement for the prior billing cycle. For
customers occupying premises for which the City's water billing history is more than three years,
the base amount shall be the three -year moving average, which is calculated by the City for
each water customer. For customers occupying premises for which the City's water billing
history is less than three years, the base amount shall be the Utilities Director's estimate of the
water usage per billing period of similar premises and users, provided that the Utilities Director
may, but is not required to, update the base amount to reflect actual usage by such customers
when more than six (6) months of water billing data becomes available. Notwithstanding the
foregoing, in calculating the base amount, the Utilities Director shall exclude any billing periods
during which water consumption restrictions were in effect.
"Billing period" means the period of time for which the City calculates monthly water service
rates for a particular customer under section 14.12.020 of this code.
"City" shall mean the City of Newport Beach
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ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
"Commercial kitchen" means a facility containing a kitchen in which food is prepared for sale,
such as a restaurant, cafe, hotel, catering establishment, or other food preparation
establishment.
"Customer" shall mean any person using or receiving water service from the City. The term
"customer" shall not include a person receiving water service within the City from the Irvine
Ranch Water District or from the Mesa Consolidated Water District.
"Excessive flow or runoff" shall mean frequent and/or large amounts of runoff from irrigation
and/or other outdoor water use.
"Fuel modification zone" shall mean combustible native or ornamental vegetation that has been
modified and partially or totally replaced with drought tolerant, fire retardant plants and
maintained per Fire Code guidelines.
"Implementation Plan" shall mean the plan developed by the Utilities Director that provides the
resources (staffing and equipment) required to ensure the fair and timely execution of these
requirements, as well as a detailed execution strategy.
"Irrigate" means any exterior application of water, other than for firefighting purposes, including
but not limited to the watering of any vegetation whether it be natural or planted.
"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or
sprinkling devices that are operated by and /or through an automated system.
"Person" shall have the meaning ascribed to it by section 1.08.120 of this code.
"Potable water" means water that is suitable for drinking and excludes recycled water from any
source.
"Premises" means a parcel of land, or portion of a parcel, including any improvements located
there, that are served by a City water meter.
"Recirculating" means the reuse of existing water, by means of capturing /containing water used,
then circulating back to point of origin.
"Recycled water" means the reclamation and reuse of non - potable water and /or wastewater for
beneficial use, such as irrigation.
"Safety /Sanitary hazards" means the condition that may cause or threaten to cause injury to any
person or persons.
"Single pass cooling system" means equipment where water is circulated only once to cool
equipment before being disposed.
"Water" shall mean potable water and recycled water.
"Water- conserving kitchen spray valve" means a dishwashing spray valve that uses 1.6 gallons
of water or less per minute of use.
Page 3 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
"Water conservation plan" means a plan submitted by a customer for the approval of the Utilities
Director, in conjunction with a request for an exemption or partial exemption, that proposes the
maximum feasible reduction in consumption.
"Water consumption restrictions" shall mean those provisions of subsections 14.16.070.8,
14.16.080.6, and 14.16.090.0 that require customers to reduce the amount of water consumed
during a water supply shortage in relation to the base amount.
"Water supply shortage" means the effective period of time during which the City Council, by
resolution adopted under section 14.16.050, has declared the existence of a water supply
shortage or threatened shortage. The City Council, depending on the severity of conditions,
may declare a Level One, Level Two, Level Three, or Level Four Water Supply Shortage.
Section 14.16.030 Applicability.
A. The provisions of this chapter shall apply to all persons using water in the City.
B. For the purposes of this chapter, the use of water by a tenant, employee, agent,
contractor, representative or person acting on behalf of a customer, may, at the City's election,
be imputed to the customer.
Section 14.16.040 Permanent Water - Conservation Requirements
The following prohibitions and mandatory water - conservation requirements are effective at all
times, including during a Water Supply Shortage. Violations of this section will be considered
waste and an unreasonable use of water.
A. No person shall use potable water to irrigate any lawn and/or ornamental landscape
area using a landscape irrigation system or a watering device that is not continuously attended
unless such irrigation is limited to no more than ten (10) minutes watering per day per station.
1. This restriction does not apply to the following unless the City has determined that
recycled water is available and may be lawfully applied to the use.
a) Landscape irrigation systems that exclusively use very low -flow drip type irrigation
systems in which no emitter produces more than two (2) gallons of water per hour or weather
based controllers or stream rotor sprinklers that meet a 70 percent efficiency standard.
B. No person shall use water to irrigate any lawn and /or ornamental landscape area in a
manner that causes or allows excessive flow or runoff onto an adjoining sidewalk, driveway,
street, alley, gutter or ditch is prohibited.
C. No person shall use water to wash down hard or paved surfaces, including, but not
limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, except
when necessary to alleviate safety or sanitary hazards, and then only by use of a hand -held
bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off
device, or a low- volume, high - pressure cleaning machine (e.g., "water broom ") equipped to
recycle any water used.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the water user's plumbing or distribution system for any period of time
Page 4 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
after such escape of water should have reasonably been discovered and corrected and in no
event more than seven (7) days after receiving notice of the condition from the City.
E. No person shall use potable water to irrigate lawns, groundcover, shrubbery or other
ornamental landscape material during a rainfall event.
F. By July 1, 2012, all landscape irrigation systems connected to dedicated landscape
meters shall include rain sensors that automatically shut off such systems during periods of rain
or include evapotranspiration systems that schedule irrigation based on climatic conditions.
G. No person shall operate a water fountain or other decorative water feature that does not
use a recirculating water system.
H. No person shall use water to clean a vehicle, including but not limited to any automobile,
truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a hand-
held bucket or similar container or a hand -held hose equipped with a positive self - closing water
shut -off nozzle or device.
1. This subsection does not apply to any commercial car washing facility.
I. Effective January 1, 2010, all new commercial conveyor car wash systems in
commercial car washing facilities shall be operational recirculating water systems.
J. By January 1, 2013, all commercial conveyor car wash systems in commercial car
washing facilities shall be operational recirculating water systems, or the customer must have
secured an exemption from this requirement pursuant to section 14.16.030.
K. Persons operating eating or drinking establishments, including but not limited to
restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drinks are sold,
served, or offered for sale, shall not provide drinking water to any person unless expressly
requested by the patron.
L. Persons operating hotel, motel, and other commercial lodging establishments shall
provide customers the option of not having towels and linen laundered daily. Commercial
lodging establishments must prominently display notice of this option.
M. No person shall install a new single pass cooling system in a building or premises
requesting new water service. This provision shall not prevent the replacement or repair of
single pass cooling systems that were installed prior to December 31, 2009.
N. Effective January 1, 2010, all new washing machines installed in commercial and /or
coin - operated laundries shall be ENERGY STAR@ and CEE Tier III qualified. By January 1,
2014, all washing machines installed in commercial and /or coin - operated laundries shall be
ENERGY STAR@ and CEE Tier III qualified.
O. No person shall use water from any fire hydrant for any purpose other than fire
suppression or emergency aid without first: 1) Requesting and posting the appropriate fees at
the City and, 2) Obtaining a hydrant meter to record all water consumption for a specified
project. Absent a meter, water theft and meter tampering fees will be applied as appropriate.
Page 5 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
P. Construction Site Requirements. The requirements of this subsection apply to persons
engaged in construction activities. A permittee's refusal or failure to comply with these
requirements shall constitute grounds for revocation of a construction or grading permit. In
addition, the City may withhold occupancy and inspections until such time as the permit holder
has complied.
1. No person shall use potable water for soil compaction or dust control in a construction
site where there is an available and feasible source of recycled water or non - potable water
approved by the Department of Public Health and appropriate for such use.
2. No person shall operate a hose within a construction site that is not equipped with an
automatic shut -off nozzle, provided that such devices are available for the size and type of hose
in use.
Q. Commercial Kitchen Requirements. No person may operate a commercial kitchen that
does not comply with the following requirements.
1. Water- Conserving Pre -Rinse Kitchen Spray Valves. New or remodeled commercial
kitchens shall be equipped with water - conserving kitchen spray valves. By January 1, 2010, all
commercial kitchens shall either remove all existing kitchen spray valves or retrofit kitchen spray
valves with water - conserving kitchen spray valves.
2. Best - Available Water - Conserving Technology. New or remodeled commercial kitchens
shall ensure that all water -using equipment in new or remodeled commercial kitchens uses the
best - available, water - conserving technology.
3. No person operating a commercial kitchen shall defrost food or allow food to be
defrosted with running water.
4. Scoop sinks shall be set at minimum water flow at all times of use and shut off during
non - working hours.
5. When hosing or washing kitchen or garbage areas or other areas for sanitary reasons as
required by the Department of Health, hoses shall be equipped with positive self - closing
nozzles.
Section 14.16.050 Procedure for Declaration of Water Supply Shortage; Continued
Monitoring of Conditions.
A. From time to time, the City Council may declare by resolution the existence of a Level
One, a Level Two, a Level Three, or a Level Four water supply shortage. In so doing, the
Council shall determine that a water supply shortage or threatened shortage exists, due to
drought or other water supply conditions, and that it is necessary to impose the mandatory
conservation requirements applicable to the particular level of water supply shortage. It will be
necessary to make more efficient use of water and appropriately respond to conditions created
by the water supply shortage. Prior to adopting a resolution declaring the existence of a water
supply shortage, the City Council shall enact a resolution indicating its intention to do so, the
conditions necessitating the declaration, the nature of the mandatory conservation restrictions
proposed to be imposed, including the specifics of any proposed water consumption restrictions,
and the day, hour and place when and where persons may appear before the City Council and
Page 6 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
be heard on whether resolution declaring the water supply shortage should be enacted. The
resolution of intention shall direct the City Clerk to publish said resolution at least once, within
fifteen days of the passage thereof, in the official newspaper. Said notice shall be published at
least ten days prior to the date of hearing. Within ten (10) days of the adoption of a resolution
declaring a water supply shortage, the City Clerk shall cause the resolution to be published or
posted in the manner required by Water Code section 376.
B. The mandatory conservation requirements that become effective following the adoption
of a resolution declaring the existence of a particular level of water supply shortage shall remain
in full force and effect until the resolution is repealed or until new mandatory conservation
requirements become effective following the adoption of a subsequent resolution declaring the
existence of a water supply shortage.
C. During the existence of a water supply shortage, the Utilities Director shall provide
periodic reports to the City Council regarding compliance with the mandatory conservation
requirements of the level of water supply shortage, current and anticipated allocations of water
from MWD, and any change in circumstances that could warrant a position of more stringent
measures or relaxation of measures then in effect.
Section 14.16.060 Level One Mandatory Water - Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level One water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established for each customer by the Utilities
Director. During a Level One water supply shortage, the schedule established by the Utilities
Director shall specify for each customer (a) four (4) irrigation days per week during the months
of April, May, June, July, August, September, and October and (b) two (2) irrigation days per
week during the months of November, December, January, February, and March. Prior to the
foregoing restriction becoming effective, the Utilities Director shall have notified the customer of
the scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the City
has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand -held
bucket or similar container, a hand -held hose equipped with a positive self — closing water shut-
off nozzle or device, or a very low -flow drip type irrigation system when no emitter produces
more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation
system.
B. No customer shall use more water during any billing period than the percentage of the
base amount established in the resolution declaring the Level One water supply shortage, which
percentage shall be in the range from 100% and 90% of the base amount.
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ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
C. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than seventy -two (72)
hours after receiving notice of the condition from the City.
D. No person may use potable water to fill or refill an ornamental lake, pond, or fountain,
more than once per week, except to the extent needed to sustain aquatic life, provided that such
animals are of significant value and were being actively managed within the water feature at the
time of the City's initial declaration of a then - continuing water supply shortage.
E. No person may use potable water to fill or refill by more than one foot a residential
swimming pool or outdoor spa more than once a week.
Section 14.16.070 Level Two Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Two water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No person shall use potable water to irrigate any lawn, landscape or other vegetated
area between the hours of 9:00 a.m. and 5:00 p.m. pacific standard time on any day, except by
use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self
closing water shut -off nozzle or device, or for short periods of irrigation for the exclusive purpose
of adjusting or repairing an irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established for each customer by the Utilities
Director. During a Level Two water supply shortage, the schedule established by the Utilities
Director shall specify for each customer (a) three (3) irrigation days per week during the months
of April, May, June, July, August, September, and October and (b) one (1) irrigation day per
week during the months of November, December, January, February, and March. Prior to the
foregoing restriction becoming effective, the Utilities Director shall have notified the customer of
the scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the City
has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand -held
bucket or similar container, a hand -held hose equipped with a positive self — closing water shut-
off nozzle or device, or a very low -flow drip type irrigation system when no emitter produces
more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such
irrigation does not exceed five (5) times per week on a schedule established and posted by the
City's Utilities Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation
system.
C. No customer shall use more water during any billing period than the percentage of the
base amount established in the resolution declaring the Level Two water supply shortage, which
percentage shall be in the range from 90% and 75% of the base amount.
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ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than forty -eight (48)
hours after receiving notice of the condition from the City.
E. No person may use potable water to fill or refill an ornamental lake, pond, or fountain,
more than once every other week, except to the extent needed to sustain aquatic life, provided
that such animals are of significant value and were being actively managed within the water
feature at the time of the City's declaration of the water supply shortage under this chapter.
F. No person may use potable water to fill or refill by more than one foot a residential
swimming pool or outdoor spa more than once every other week.
Section 14.16.080 Level Three Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Three water supply
shortage becomes effective, the following mandatory water - conservation requirements shall
take effect.
A. No person shall use potable water to irrigate any lawn, landscape or other vegetated
area between the hours of 9:00 a.m. and 5:00 p.m. pacific standard time on any day, except by
use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self —
closing water shut -off nozzle or device, or for short periods of irrigation for the exclusive purpose
of adjusting or repairing an irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established for each customer by the Utilities
Director. During a Level Three water supply shortage, the schedule established by the Utilities
Director shall specify for each customer (a) two (2) irrigation days per week during the months
of April, May, June, July, August, September, and October and (b) one (1) irrigation day per
week during the months of November, December, January, February, and March. Prior to the
foregoing restriction becoming effective, the Utilities Director shall have notified the customer of
the scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the City has
determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand -held
bucket or similar container, a hand -held hose equipped with a positive self — closing water shut-
off nozzle or device, or a very low -flow drip type irrigation system when no emitter produces
more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such
irrigation does not exceed three (3) days per week on a schedule established and posted by the
City's Utilities Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation
system.
C. No customer shall use more water during any billing period than the percentage of the
base amount established in the resolution declaring the Level Three water shortage, which
percentage shall be in the range from 75% and 60% of the base amount.
Page 9 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than twenty -four (24)
hours after receiving notice from the City.
E. No person may use potable water to fill or refill an ornamental lake, pond, or fountain,
except to the extent needed to sustain aquatic life, provided that such animals are of significant
value and. were being actively managed within the water feature at the time of the City's
declaration of the water supply shortage under this chapter.
F. No person may use potable water to fill or refill a residential swimming pool or outdoor
spa.
Section 14.16.090 Level Four Mandatory Water - Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Four water supply
shortage becomes effective, the following mandatory water - conservation requirements shall
take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area, This restriction does not apply to the following categories of use unless the City has
determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-
held bucket or similar container or a hand -held hose equipped with a positive self — closing water
shut -off nozzle or device;
2. Maintenance of existing landscape to the extent necessary for fire protection;
3. Maintenance of existing landscape to the extent necessary for soil erosion control;
4. Maintenance of plant materials identified to be rare or essential to the well being of rare
animals;
5. Maintenance of landscape within active public parks and playing fields, day care centers,
school grounds, cemeteries, and golf course greens, provided that such irrigation does not
exceed two (2) times per week on a schedule established and posted by the City's Utilities
Department;
6. Public works projects and actively irrigated environmental mitigation projects.
7. Food crops (including fruit trees and vegetable gardens), provided that such irrigation
does not exceed two (2) times per week on a schedule established and posted by the City's
Utilities Department_
B. The City will not (a) provide new potable water service, new temporary meters, or new
permanent meters or (b) issue statements of immediate ability to serve or to provide potable
water service, except under the following circumstances:
1. A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protect public health, safety, and welfare; or
Page 10 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
3. The applicant provides substantial evidence of an enforceable commitment that,
ensures, to the satisfaction of the Utilities Director or his or her designee, the water demands for
the project will be offset prior to the provision of a new water meter(s).
This restriction does not preclude the resetting or turn -on of meters to provide continuation of
water service or the restoration of service that has been interrupted for a period of one year or
less.
C. No customer shall use more water during any billing period than the percentage of the
base amount established in the resolution declaring the Level Four water shortage, which
percentage shall be less than 60% of the base amount,
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than twenty -four (24)
hours after receiving notice from the City.
E. No person may use potable water to fill or refill an ornamental lake, pond, or fountain,
except to the extent needed to sustain aquatic life, provided that such animals are of significant
value and were being actively managed within the water feature at the time of the City's
declaration of the water supply shortage under this chapter.
F. No person may use potable water to fill or refill a residential swimming pool or outdoor
spa.
Section 14.16.100 Exemptions.
A. The provisions of this chapter do not apply to any of the following.
1. Uses of water necessary to protect public health and safety or for essential government
services, such as police fire and other similar emergency services.
2. The filling, operation, and maintenance of a swimming pool that is open to the public at
rates of charge deemed reasonable by the City Council.
3. The washing of refuse, sanitation and service vehicles owned and operated by a public
entity to the extent necessary to insure public health, safety and welfare, provided that recycled
water or a recirculating water system will be used where feasible.
B. Any restrictions imposed by this chapter that require the reduction of consumption shall
not be applicable to any of the following.
1. Customers who have participated in a fuel load modification program and have received
an exemption from the Utilities Director and Fire Marshall. The Utilities Director and Fire
Marshal shall only grant exemptions necessary to mitigate the impacts of participation in the fuel
modification zone program, such as the need to irrigate replacement vegetation.
2. Customers that operate hospitals, medical care facilities, nurseries or other businesses
whose main stock and trade consists of the sale or cultivation of plants and vegetation, and
businesses in which water consumption is an integral part of production or manufacturing,
provided that such customers shall first submit a water conservation plan to, and obtain the
Page 11 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
approval of, the Utilities Director or designee. This exemption does not extend to the use of
potable water for the irrigation of landscape areas.
B. The Utilities Director or his or her designee shall approve a water conservation plan only
if the plan proposes the maximum feasible reduction in consumption. As a condition of
approving the water conservation plan, the Utilities Director or his or her designee may require
the use of water conservation devices or practices as he or she deems appropriate to result in
the maximum feasible reduction in consumption.
Section 14.16.110 Relief from Compliance.
A. Intent and Purpose. The City Council recognizes that water consumption can increase
or decrease because of factors unrelated to wasteful water use practices. Many customers have
installed water- saving devices and adopted water conservation practices that make it difficult to
satisfy the water consumption restrictions required by this chapter. This section recognizes that
adjustments to the base amount may be necessary to ensure that application of this chapter to
any particular customer does not produce unjust or inequitable results. In addition, the section
recognizes unique circumstances may result in undue or disproportionate hardship as to a
person using water which is different from the impacts to water users generally. As a general
rule, the Utilities Director should not grant relief to any person or customer for any reason in the
absence of showing that the person or customer has achieved the maximum feasible reduction
in water consumption other than in the specific area or areas for which relief is requested.
B. Procedures. A person or customer may file an application for relief from the provisions of
this chapter with the Utilities Director. The application shall be submitted in writing on a form
supplied by the Utilities Department. The application must be filed within ninety (90) days after
the effective date of this chapter or ninety (90) days after implementation of the then - current
water supply shortage level, whichever shall occur last. The Utilities Director may require the
submission of additional supporting documentation that he or she deems necessary to grant the
application for relief. The Utilities Director shall approve or disapprove the application for relief
within thirty (30) days after it is filed and deemed complete.
C. Factors to Be Considered.
1. Relief from Water Consumption Restrictions. In determining whether relief should be
granted from water consumption restrictions, the Utilities Director shall consider all relevant
factors including, but not limited to, the following:
a. Whether compliance with the water - conservation requirements then in effect would
result in unemployment or layoff of workers;
b. Whether additional persons are now living or working in the customer's premises that
were not living or working in the premises during all or a portion of the billing periods used to
calculate the base amount;
C. Whether customer had, during all or a portion of the billing periods used to calculate the
base amount, begun using water conservation practices that remain in use and that reduced the
customer's water usage by an amount equivalent to the reduction required by the water supply
shortage;
Page 12 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
d. Whether any current or anticipated increase in production or manufacturing will require
the use additional water;
e. The extent to which irrigation or watering of landscaping has been made necessary by
compliance with fuel load modification programs; and
f. The extent to which customer needs to use water to mitigate any emergency health or
safety hazards.
2. Relief from All Other Requirements. In determining whether relief should be granted
from all requirements other than water consumption restrictions, the Utilities Director must find,
based on the application and supporting documentation, that:
a. the relief does not constitute a grant of special privilege inconsistent with the limitations
imposed by this chapter on other persons and customers;
b. because of special circumstances applicable to the customer or person's property or its
use, the strict application of this chapter would have an impact on the person or customer that is
disproportionate to the impact on other similarly situated persons or customers;
C. the condition or situation of the person or customer's premises for which the relief is
sought is not common or general in nature; and
D. that the person or customer has achieved or will achieve the maximum feasible
reduction in water consumption other than in the specific area or areas from which relief is
requested.
E. Agreement. The Utilities Director is empowered to enter into an agreement with any
customer to resolve the application for relief. The agreement shall be memorialized in a writing
signed by the customer. The agreement shall fix the rights of the customer and the City. During
the effectiveness of the agreement, the customer shall have no further right to seek relief
pursuant to the provisions of this section.
F. Final Decision. The Utilities Director shall notify the customer of the decision on the
application for relief by mailing notice of the decision to the customer, first class, postage
prepaid, to the address specified on the application. The decision of the Utilities Director shall
be final.
G. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall
make any willful misrepresentation of a material fact with respect to any application for relief
submitted pursuant to this section. Any violation of the provisions of this subsection shall be
considered a misdemeanor, punishable as otherwise provided in this Code.
Section 14.16.120 Enforcement.
A. Responsibility; Implementation Plan. The Utilities Director shall be responsible for the
enforcement of this chapter. The Utilities Director shall develop an Implementation Plan to be
used as a guideline for enforcing the provisions of this Ordinance. The Implementation Plan
shall provide the resources (staffing and equipment) required to ensure the fair and timely
execution of these requirements, as well as a detailed execution strategy. In addition, the
Implementation Plan shall ensure, so far as is reasonable under the circumstances, that
Page 13 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
persons are notified of violations and are provided an opportunity to cure the violation prior to
being cited.
B. Additional Enforcement Options. In addition to the means of ensuring compliance set
forth in section 1.04.010 of this code, the City may elect to impose the following requirements on
a customer in the event of a continuing violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately one
gallon per minute for services up to one and one -half inches in size and comparatively sized
restrictors for larger services. Prior to doing so, the City shall first provide a minimum of forty -
eight (48) hours' notice of its intent to install a water flow restrictor. In the event that a customer
refuses to permit the installation of a water flow restrictor following the City's election to do so,
the City may terminate the customer's water service.
2. Termination of Service. The City may disconnect a customer's water service for willful
violations of mandatory restrictions in this chapter.
SECTION 2: If any section, subsection, sentence, clause or phase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper
of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the _ day of , 2009, and adopted on the _ day of
2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
Page 14 of 15
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
MAYOR
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
by:
MYNETTE BEAUCHAMP, ASSISTANT CITY ATTORNEY
ATTEST:
CITY CLERK
Page 15 of 15
ATTACHMENT B
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENTATION PLAN
WATER CONSERVATION AND SUPPLY
LEVEL REGULATIONS
IMPLEMENTATION PLAN
CITY OF NEWPORT BEACH
Utilities Department
09/22/2009
ATTACHMENT B
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENTATION PLAN
Table of Contents
SECTION 1 INTRODUCTION
1
1.1 Background
2
1.2 Study Purpose
2
SECTION 2 ORDINANCE REQUIREMENTS
2
2.0 Permanent restrictions
2
2.1 Level 1 — Shortage Warning
3
2.2 Level 2 — Significant Shortage
3
2.3 Level 3 — Severe Shortage
4
2.4 Level 4 — Crisis Shortage
4
SECTION 3 PRE - IMPLEMENTATION MEASURES
5
3.1 Water Supply Task Force
5
3.2 Water Shortage Response Procedures
6
3.2.1. Leven Procedures
6
3.2.2. Level 2 Procedures
7
3.2.3. Level 3 Procedures
8
3.2.4. Level 4 Procedures
8
3.2.5. Relief from Compliance Procedures
9
3.2.6. Violations and Penalties Procedures
9
3.3 Targeted User Reductions Program
10
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WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
SECTION 1 INTRODUCTION
Drought is among the most damaging and least understood of all natural hazards. It is a
normal part of climate and yet is perceived as infrequent and random. Over the past
century, approximately 14% of the United States has been affected by severe or extreme
climatological drought in an average year, although it was as high as 65% during the Dust
Bowl, and has recently been about 35% for some regions. The paleodimate record shows
that past droughts have lasted decades; many more severe than were experienced over the
last century!
1.1 BACKGROUND
In recent history, Southern California was particularly affected, ;.by both local and distant
droughts beginning with the 1976 -77 drought; when the Metropolitan Water District of
Southern California (MEr) first experienced demand for water exceeding Supply?
The first regional drought management plan was proposed and Implemented by MEr in
1981. The plan was comprised of a rate schedule that would encourage conservation and
the identification of "interruptible" water -. deliveries that could be interrupted for a period of
time in the event of a drought.
After the 1987 -1992 drought, ,MET proposed expanded d,TOught plans that were significantly
more complex in hoW they allocated available water. Reductions to both interruptible and
non - interruptible water,deliveries were identified, pricing incentives for conservation (Best
Management Practices) were added• and a coordinated public information program was
developed. Additionally, the State established the- Drought Water Bank, and provided water
to MET from °'it. Since 1995, drought planning has been a part of integrated resources
planning -along with the :realization that environmental, political and economic impacts
could affect the water supplyas much as a drought.
This concern was` e, alized when a "perfect storm" of events has resulted in mandatory
cutbacks to the Ottiys, residential and commercial customers. The combined effects of
legislation that required'_diverting 800,000 acre feet per year (af /y) of Central Valley Project
water, a 2007 judicial action 'that required limits on pumping from the Sacramento /San
Joaquin Delta, and three years of below normal rainfall /snowmelt, combined to reduce the
current Delta supply to Southern California from an average year of 600 thousand acre feet
(taf) down to 250 taf.' In response, on April 14, 2009, the MEr Board of Directors instituted
The Nation /Integrated Droughtlnformation System Implementation Plan, June 1007 The National Drought Policy
Commission. Pg. ii.
'Drought Management Plan, May 2006. San Diego County Water Authority Water Resources Department. Pg. 15
3 Metropolitan Water District of Southern California. Presentation to the Board of Directors April 14, 2009.
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WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
a 15% reduction in the allocation of water it will supply to its member agencies (including
the City).
Although MET water represents only 38% of the City's total water supply,' and will result in
a net total decrease in supply of 7 %, the City considers it prudent that, in light of
uncertainties over future years' supply, we immediately implement water conservation and
supply level regulations implementation plan.
1.2 PURPOSE OF A WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENTATION PLAN
In order to address both the water supply shortage issue and revenue impacts resulting
from decrease in water sales, the City is proposing to take several significant actions.
The City is in the process of adopting an updated:: Water Conservation Ordinance which will
amend City Code Chapter 14.16, Water Conservation and Supply.,., Level Regulations to reflect
recommendations for reducing water demand:;. The Ordinance establishes regulations to be
implemented during declared water emergencies, including four "Levels" that require
customers to reduce their water use from a minimum of 10% (Level 1). to 41% or more
reduction (Level 4).
The other significant action that the City''is currently considering is the implementation of a
budget based rate structure that would mitigate revenue`' losses, while not punishing those
who have already been ;conserving water, The rate structure would be geared towards
reducing demand by charging higher prices for water use over an average amount.
The purpose of this Plan is to provide specific recommendations and actions the City should
take after implementing both the Ordinance and the proposed Rate Structure.
SECTION:;2 ORDINANCE REQUIREMENTS
2.0 PERMANENT RESTRICTIONS
As noted in the previous Section, the proposed Water Conservation Ordinance contains
regulations that will be used to ensure that adequate supplies of water are available to meet
the health, safety and welfare needs of the public. The Ordinance recognizes that indoor
water use reductions may have been maximized through conservation measures already
instituted, and that the burden of future reductions will fall primarily on outdoor use
reductions /restrictions.
The Ordinance establishes seventeen (17) permanent prohibitions on water use. These are
summarized as follows:
° The other 62% (in 2009) of the City's water supply comes from groundwater supplies.
2
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WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
A. Irrigation system limit of 10 minutes per station
B. No excessive water flow or runoff
C. No washing down hard or paved surfaces
D. Obligation to fix leaks (within seven (7) days of notice)
E. No irrigating during rain
F. Auto shutoff rain sensors required for irrigation 07/01/2012
G. Fountains and decorative water features: re- circulating water only
H. Wash vehicles only with a bucket or hose with a shut -off nozzle
I. No installation of non - recirculating car wash systems.,; .
3. Commercial car wash systems use recirculating system by 01/01/2013
K. Restaurants only serve water on request
L. Hotels must provide guests option to not launder lineN daily
M. No installation of single -pass cooling systems
N. Commercial laundry systems use of energy -efficient machetes
0. Unauthorized use of fire hydrants resth cted (water theft violation)
P. Construction site requirements: Hose with nozzle, recycled wafi"0, hei
Q. New /remodeled commercial kitchens must use water conservmg r
commercial kitchens: no defrosting of food '_ witfi running water,,'
sanitary reasons with nozzle. .
available
fizzles. Existing
rash down for
In addition to provisions for,, relief from compliance; _and violations and penalties, the
Ordinance outlines four level response conditions and thz,:conservation practices that will be
implemented under each level. The following sections list the primary requirements of each
level.
2.1 LEVEL 1 -'SHORTAGE WARRING
Upon supply, analysis by the Utilities Department and adoption by Council, consumer
demand reduction of 0-10% _`will be requested. In order to achieve this, the City will
increase public' outreach and awareness in order to implement Level 1 conservation practices
and require the additional actionsi= below:
• Restricts residential and commercial irrigation to no more than four (4) days per week
from April — October,. two (2) days per week November — March.
• Reduction of indoor /outdoor water consumption by 0 -10% (percentage set by
resolution).
• Requires repair of all water leaks in 72 hours.
• Fountains, ornamental lakes or ponds can be refilled no more than once per week.
• Swimming pools and outdoor spas can only be filled one foot once a week.
2.2 LEVEL 2 - SIGNIFICANT SHORTAGE
3
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WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
Upon supply analysis by the Utilities Department and adoption by Council, consumer
demand reduction of 10 -25% will be requested. In order to achieve this, the City will
increase public outreach and awareness in order to implement Level 2 conservation
practices. In addition to the existing Level 1 requirements, the City will require the additional
actions below:
• No watering: 9:00 AM — 5:00 PM; except by hand.
• Restricts residential and commercial irrigation to no more than three (3) days per
week from April — October, one (1) days per week November — March.
• Reduction of indoor /outdoor water consumption by 10 -25% (percentage set by
resolution).
• Fix leaks within 48 hours.
• Fountains, ornamental lakes or ponds can be refiiled!no more than once every other
week.
• Swimming pools and outdoor spas can only be filled onefoot every other week.
2.3 LEVEL 3 - SEVERE SHORTAGE
Upon supply analysis by the Utilities Department and adoption by Council, consumer
demand reduction of 25 -40% will be requested. In order to achieve this, the City will
increase public outreach and awareness in order to `implement Level 3 conservation
practices. In addition to the existing Level 1 and 2 requirements, the City will require the
additional actions below:
• Restricts residential and commercial irrigation to no more than two (2) days per week
from April — October, one (1) days per week November — March.
• Reduction of indoor /outdoor water consumption by 25 -40% (percentage set by
resolution)
• Fixleaks within 24 hours.'
• Prohibited filling of fountain5,'ornamental lakes or ponds except to sustain aquatic life
of significant value.
• Prohibited filling of swimming pools and outdoor spas.
2.4 LEVEL 4 - CRISIS SHORTAGE
Upon supply analysis by the Utilities Department and adoption by Council, consumer
demand reduction of a minimum of 40% will be requested. In order to achieve this, the City
will increase public outreach and awareness in order to implement Level 4 conservation
practices. In addition to the existing Level 1, 2, and 3 requirements, the City will require the
additional actions below:
■ Stop all Irrigation of all ornamental lawn, landscape or other vegetated areas.
Exceptions include food crops, hand held bucket watering, landscaping for fire
protection etc.
4
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WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
• No new potable water service, temporary or permanent will be allowed without valid
building permits.
• Reduction of indoor /outdoor water consumption by a minimum of 40%
SECTION 3 PRE - IMPLEMENTATION MEASURES
While the Utilities Departments Mission Statement will be fundamentally unchanged, the
implementation of most of the Water Shortage Response Levels contained in the Water
Conservation Ordinance will require the customers and property owners to undergo a
cultural change.
For most of the past 100 years, the City has provided water with few limitations, and indeed,
the permanent and Level 1 restrictions are relatively'' easy to implement. However, if the
implementation of Level 2 is required, there arei:ncreasing disincentives to wasting water
and municipal violations become more of a possibility. The process_of identifying, prioritizing,
and achieving strategic objectives by exercising authority and direction . over customers will
be unfamiliar to many City employees, and uncomfortable to some Similarly, the City's
customers are used to a service- oriented relationship,with -the City, and will - be uneasy about
the 'policing' aspect that underlies "dome of the mandatory conservation practices —
particularly those in Levels 3 and 4
It is important, therefore, to. realize that along with the managerial and organizational tasks
that will be discussed below, the need for straight - forward and frequent communication
between all parties is critical.
3.1 WATER SUPPLY TASK FORCE
The first p, re-implementation activity is the establishment of a Water Supply Task Force by
the Utilitie,! Director. The Utilities Director wilVchair the task force and include the Utilities
Deputy Director, Water Conservation Coordinator, and supervisors from each division along
with at least one, ,rank-and-file �member of each water division. The inclusion of the rank -
and -file member °is -:two -fold: 1) their extensive practical and hands -on knowledge of the
system and customers will be an> important source of information during the decision - making
process and, 2) information regarding task force activities will be disseminated quickly and
regularly among all employees.
The Utilities Director will appoint a vice -chair to chair meetings in his absence and a
recording secretary to memorialize action items and to be responsible for the organization
and reproduction of the Water Shortage Response Procedures (see Section 3.2).
Initial meetings will be held weekly and limited to no more than one hour in duration; more
frequent or longer meetings will be held at the discretion of the Utilities Director. A list of
action items will be prepared, along with the name of the person responsible for completion
and the respective date due for each item. The action item list will be provided to attendees
5
ATTACHMENT B
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
by the end of the day that the meeting was held. The action items listed will also be posted
in a place it can be viewed by all employees, and provided to them via departmental email.
The City Manager will also liaise directly with the Utilities Director and the Task Force by
being provided a copy of the action items and attending meetings if he /she desires.
3.2 WATER SHORTAGE RESPONSE PROCEDURES
The primary objective of the Water Shortage Response Task Force is to create the "Water
Shortage Response Procedures" — a notebook that includes detailed procedures developed
by the task force that will be used to implement and enforce the Ordinance. Examples of
these procedures include: 1) development of an inspection corps to identify Ordinance non-
compliance, 2) a car -wash certification procedure that verifies that a car wash uses a high
pressure /low volume wash system 3) training program oriented to responding to customer
outrage due to billing increases or enforcement of irrigation limitations, 4) the assistance in
the creation and distribution of water conservation items including table tents for restaurants
and laundering reminders for lodging establisHments. A complete list of these procedures is
presented in the following sections.
All of the Level procedures will be produced prior to implementation of Level 1. Even if
mandatory cutbacks of greater than 40% are -not anticipated in the first year, it is important
to address the situation during the pre - implementation -stage so that the maximum
opportunity is provided for :planning, organizing, training and discussion of unintended
consequences.
3.2.1. Level 1 Procedures
The Level demand` reduction, of 0 -10 0%; is to' be achieved by mandatory measures,
accomplished primarily through irrigtion reductions and public outreach and enforcement.
The suggested procedures for level '. 1 are listed below:
• Residential and commercial landscape irrigation schedules developed for residents
and commercial businesses. An easy to remember system will be developed
consisting of: watering ;four (4) days a week in summer months, two (2) days a week
in winter; areas are: - defined by billing route and will be displayed on the Municipal
Services statement. ..
• Residential and commercial landscape Automatic irrigation timers will be restricted to
10 minutes per station.
• Obligation to fix leaks on property within seventy-two (72) hours.
• Public Information Plan (PIP1) that includes increased public outreach (over existing
levels) of the permanent prohibitions, conservation information availability, and
conservation device availability. This effort may include joint efforts with other
agencies /organizations such as MWDOC; meeting with local and regional elected
officials; targeted mailings; purchase of advertising or requesting Public Service
Announcements in local media (newspapers, radio stations, cable television, buses
6
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WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
and bus stops) and; meeting with the local newspaper editorial board. Website
Maintenance /Update Plan that identifies information that will be updated on a regular
basis.
■ Internal Information Plan that includes a regular method of distributing Task Force
information to the City Manager and Council. The PIP1 will also incorporate
opportunities for employees to ask questions and provide feedback, particularly if
they aren't part of the task force.
• Development of a targeted user reduction program (See Section 3.3).
• Development of targeted educational materials (flyers, bookmarks, refrigerator
magnets, etc.) that specifically list Conservation Practices /Prohibitions and any other
outdoor water use conservation practice (mulching, pruning) (or receive from
MWDOC /MET)
• Refer customers to list off compliant conservation' equipment and devices (listed on
MWDOC, MET and CUWCC websites).
• Assistance in the production of (or obtain from MWDOC /OCWD if available) restaurant
table tents (listing water conservation` practices, including no. glass of water unless
requested) and laundry reminder cards; for lodging establishments (listing water
conservation practices like turning off water when brushing teeth and no daily
laundering of linens).
• Customer service training including effective techniques for handling aggressive
callers, such as controlling, outraged, and threatening customers.
• Develop a car wash certification program that provides a placard car washes can
display that shows compliance.
• Establish monitoring and evaluation criteria and monthly reports. This procedure
includes developing reports, that provide information on production and distribution,
reduced usage, system pressure and ` peak demand, reservoir levels and peak
demand, progress towards meeting goals, financial information /impacts /forecasts and
analysis of which conservation efiforts appear to be the most effective.
• Warning notification to customers over the designated percentage of reduction will be
sent out. Second and greater number of municipal code violations will be handled
through code enforcement measures.
• The Utilities Director will ..review the PIPI and all measures with the City Manager
prior to implementation.
3.2.2. Level 2 Procedures
The Level 2 demand reduction of 10 -25% is to be achieved by mandatory measures,
accomplished primarily through irrigation reductions and public outreach and enforcement.
The suggested procedures for Level 2 include those listed for Level 1 as well as those listed
below:
• Residential and commercial automatic landscaping systems will be restricted from use
between the hours of 9:00 AM and 5:00 PM.
• Residential and commercial landscape irrigation schedules developed for residents
and commercial businesses. An easy to remember system will be developed
ATTACHMENT B
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
consisting of: watering three (3) days a week in summer months and one (1) day a
week in winter; areas are defined by billing route and displayed on Municipal Services
statement.
• Obligation to fix leaks on property within 48 hrs.
• Public Information Plan (PIP2) developed for notifying customers of irrigation
schedules, irrigation time and non - automatic irrigation system limitations. Plan
should also include identification of water - efficient devices that are exempt from 10
minute limitation, water leak repair deadline, and notification of ornamental fountain
limitations.
• Warning notification to customers over the designated, percentage of reduction will be
sent out. Second and greater number of municipal 'code violations will be handled
through code enforcement measures.
• The Utilities Director will review the PIP2 and any other measures with the City
Manager prior to implementation.
3.2.3. Level 3 Procedures
The Level 3 demand reduction of up to 25-40%. is to be. achieved by mandatory measures,
accomplished primarily through fur"r irrigation reductions. The suggested procedures for
Level 3 include those listed for Levels 1 and, 2, as well as'those listed below:
• Revised residential and commercial landscape irrigation, schedules developed for the
City. Watering limited to two (2) days a week in summer months, one (1) day a
week in winter,, areas "defined by billing ,r..oute and displayed on Municipal Services
Statement.
• Obligation to fix leaks on property within 24 hrs of notice.
• Public Information Plan.(PIP3) developed for notifying customers of revised irrigation
schedules, irngaJon time:and non automatic irrigation system limitations. PIPS will
also Anclude notification of-water allocation limits method and potential for penalties
due to exceeding the.. allocation limit; notification of the prohibition on filling or
refilling fountains, pools spas and:.ornamental lakes or ponds.
• Warning`notifcation to customers over the designated percentage of reduction will be
sent out. Second and greater number of municipal code violations will be handled
through code enforcement ..measures.
• The Utilities Director:wi:ll' review the PIPS and all measures with the City Manager
prior to implementation:
3.2.4. Level 4 Procedures
The Level 4 demand reduction of a minimum of 40% is to be achieved by mandatory
measures, accomplished primarily through stopping all irrigation except that which is
necessary for safety, environmental and public interest reasons. The suggested procedures
for Level 4 include those for Levels 1, 2 and 3, as well as these:
8
ATTACHMENT B
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
• Guidelines for stopping irrigation and efforts that can be taken to prune, mulch and
otherwise try to limit destruction of landscaping. Emphasis and retraining should be
provided to staff regarding the exceptions to this requirement.
• Public Information Plan (PIP4) developed for notifying customers of prohibited
irrigating or watering. PIP4 will also reinforce prior notifications including water
allocation limits method and potential for penalties due to exceeding the allocation
limit; the cessation of new water service, new temporary or permanent meters, and
issuance of permits, will - service letters; the ability of the City to establish a water
allocation limit for any property, and the levying of fines for exceeding the water
allocation limit.
• Warning notification to customers over the designated percentage of reduction will be
sent out. Second and greater number of mumcipr'h code violations will be handled
through code enforcement measures.
• The Utilities Director will review the PIP4 and all measures with the City Manager
prior to implementation.
Many of the requirements for the implementation of this element have been detailed in the
Ordinance; however the task force should develop examples of "undue hardship" to a
customer. For example, if this encompasses financial reasons, guidelines will be developed
for reviewing financial information and'defining "what are the criteria for "financial hardship ".
Hardship variances will be carefully scrutinized and minimally:. granted so that equitable
impacts are experienced, by customers. The City-does r "eeognize that there are extenuating
circumstances such as_ health /safety issues that..may affect water use. Some customers may
simply not have the ability _to reduce their Water consumption by more than they already
have. The details of.submitting.afid applying fora relief from compliance are detailed in the
ordinance The Task force shall review all applications with the Utilities Director, and those
associated with financial. hardship, -will be reviewed with the City Manager. All customer
service staff-will be briefed and trained on this process.
The determination of what constitutes a "violation" or simply a warning will be discussed
and memorialized (e.g , irrigating on the wrong day in Level 2 may elicit a warning the first
time, whereas doing so in Level 4 may elicit a penalty the first time). Similarly, determination
of what violations should be prosecuted as misdemeanors or cause the discontinuance of
service will also be identified and memorialized.
Violation Notices will be developed in coordination with Code Enforcement staff in order to
actually implement the fines outlined in the Ordinance. The signature of the Utilities
Director or his designee will be required for the issuance of a penalty fee.
3.3 TARGETED USER REDUCTION PROGRAM
9
ATTACHMENT B
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
Under a Level 2 declaration, the City's Top 500 water customers will be contacted and water
audits provided to determine if they can yield larger incremental reductions.
A sub-task force of certified water auditors will be appointed to identify the best prospects
and develop a schedule and procedures for maximizing the physical inspection and
education of the customer.
Similar to the overall monitoring and evaluation procedures, targeted user monitoring and
evaluation procedures and reports will be developed. Public recognition of these customer's
effective efforts to reduce water usage should be included ilny'.all Public Information Plans.
10
Agenda Item No. 20
September 22, 2009
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
September 22, 2009
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA AMENDING CHAPTER 14.16 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO WATER CONSERVATION
AND SUPPLY LEVEL REGULATIONS
The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows:
SECTION 1: Chapter 14.16 of the Newport Beach Municipal code is hereby amended to read as follows:
Chapter 14.16
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS
14.16.010 Findings and Purpose.
14.16.020 Definitions.
14.16.030 Applicability.
14.16.040 Permanent Mandatory Water- Conservation Requirements.
14.16.050 Procedure for Declaration of Water Supply Shortage; Continued Monitoring of
Conditions.
14.16.060 Level One Mandatory Water- Conservation Requirements.
14.16.070 Level Two Mandatory Water- Conservation Requirements.
14.16.080 Level Three Mandatory Water- Conservation Requirements.
14.16.090 Level Four Mandatory Water- Conservation Requirements.
14.16.100 Exemptions.
14.16.110 Relief from Compliance.
14.16.120 Enforcement.
Section 14.16.010 Findings and Purpose.
A. The purpose of this chapter is to establish a Water Conservation and Supply Shortage Program
that, to the greatest extent possible, will reduce water consumption within the City of Newport Beach,
enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of
water, maximize the efficient use of water and minimize the effect and hardship of water shortage.
B. The Water Conservation and Supply Shortage Program created by this chapter establishes
permanent water - conservation requirements intended to alter behavior related to water use efficiency for
non - shortage conditions and further establishes four levels of water supply shortage response actions to
be implemented during times of declared water shortage.
C. The City Council finds as follows:
1. A reliable minimum supply of water is essential to the public health, safety and welfare of
the people and economy of the Southern California Region.
2. Southern California is a semi -arid region and is largely dependent upon imported water
supplies. A growing population, climate change, environmental concerns and other factors in
other parts of the State and western United States make the region highly susceptible to water
supply reliability issues.
3. Careful water management that includes active water conservation measures, not only in
times of drought but at all times, is essential to ensure a reliable minimum supply of water to meet
current and future supply needs.
4. Article X, section 2, of the California Constitution declares that the general welfare
requires that water resources be put to beneficial use, that waste or unreasonable use or
unreasonable method of use of water is prevented and that conservation of water be fully
exercised with a view to the reasonable and beneficial use thereof.
5. Article XI, section 7 of the California Constitution declares that a city or county may make
and enforce within its limits all local, police, sanitary and other ordinances and regulations not in
conflict with general laws.
6. Water Code section 375 authorizes a water supplier to adopt and enforce a
comprehensive water conservation program to reduce water consumption and conserve supplies.
7. The adoption and enforcement of the Water Conservation and Supply Shortage Program
is necessary to manage the City's water supply in the short and long term and to avoid or
minimize the effects of a supply shortage within the City's service area. Such a program is
essential to ensure a reliable and sustainable minimum supply of water for public health, safely
and welfare.
8. Recycled water is supplied in various areas throughout the City to conserve potable water.
Recycled water, like potable water, must be used efficiently and is therefore included in this
Program.
Section 14,16.020 Definitions.
In this chapter, the following words and phrases shall have the following meanings
"Base amount" means a base amount of water usage per billing period to be determined for each
customer by the Utilities Director. For any particular billing period, the base amount shall be as indicated
on the customer's municipal services statement for the prior billing cycle. For customers occupying
premises for which the City's water billing history is more than three years, the base amount shall be the
three -year moving average, which is calculated by the City for each water customer. For customers
occupying premises for which the City's water billing history is less than three years, the base amount
shall be the Utilities Director's estimate of the water usage per billing period of similar premises and
users, provided that the Utilities Director may, but is not required to, update the base amount to reflect
actual usage by such customers when more than six (6) months of water billing data becomes available.
Notwithstanding the foregoing, in calculating the base amount, the Utilities Director shall exclude any
billing periods during which water consumption restrictions were in effect.
"Billing period" means the period of time for which the City calculates monthly water service rates for a
particular customer under section 14.12.020 of this code.
"City" shall mean the City of Newport Beach.
"Commercial kitchen" means a facility containing a kitchen in which food is prepared for sale, such as a
restaurant, cafe, hotel, catering establishment, or other food preparation establishment.
"Customer" shall mean any person using or receiving water service from the City. The term "customer"
shall not include a person receiving water service within the City from the Irvine Ranch Water District or
from the Mesa Consolidated Water District.
"Excessive flow or runoff" shall mean frequent and/or large amounts of runoff from irrigation and/or other
outdoor water use.
"Fuel modification zone" shall mean combustible native or ornamental vegetation that has been modified
and partially or totally replaced with drought tolerant, fire retardant plants and maintained per Fire Code
guidelines.
"Implementation Plan" shall mean the plan developed by the Utilities Director that provides the resources
(staffing and equipment) required to ensure the fair and timely execution of these requirements, as well
as a detailed execution strategy.
"Irrigate" means any exterior application of water, other than for firefighting purposes, including but not
limited to the watering of any vegetation whether it be natural or planted.
"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling
devices that are operated by and/or through an automated system.
"Person" shall have the meaning ascribed to it by section 1.08.120 of this code.
"Potable water" means water that is suitable for drinking and excludes recycled water from any source.
"Premises" means a parcel of land, or portion of a parcel, including any improvements located there, that
are served by a City water meter.
"Recirculating" means the reuse of existing water, by means of capturing /containing water used, then
circulating back to point of origin.
"Recycled water" means the reclamation and reuse of non - potable water and/or wastewater for beneficial
use, such as irrigation.
"Safety/Sanitary hazards" means the condition that may cause or threaten to cause injury to any person
or persons.
"Single pass cooling system" means equipment where water is circulated only once to cool equipment
before being disposed.
"Water" shall mean potable water and recycled water.
"Water - conserving kitchen spray valve" means a dishwashing spray valve that uses 1.6 gallons of water
or less per minute of use.
"Water conservation plan" means a plan submitted by a customer for the approval of the Utilities Director,
in conjunction with a request for an exemption or partial exemption, that proposes the maximum feasible
reduction in consumption.
"Water consumption restrictions" shall mean those provisions of subsections 14.16.070.6, 14.16.080.6,
and 14.16.090.0 that require customers to reduce the amount of water consumed during a water supply
shortage in relation to the base amount.
"Water supply shortage" means the effective period of time during which the City Council, by resolution
adopted under section 14.16.050, has declared the existence of a water supply shortage or threatened
shortage. The City Council, depending on the severity of conditions, may declare a Level One, Level
Two, Level Three, or Level Four Water Supply Shortage.
Section 14.16.030 Applicability.
A. The provisions of this chapter shall apply to all persons using water in the City
B. For the purposes of this chapter, the use of water by a tenant, employee, agent, contractor,
representative or person acting on behalf of a customer, may, at the City's election, be imputed to the
customer.
Section 14.16.040 Permanent Water- Conservation Requirements
The following prohibitions and mandatory water - conservation requirements are effective at all times,
including during a Water Supply Shortage. Violations of this section will be considered waste and an
unreasonable use of water.
A. No person shall use potable water to irrigate any lawn and/or ornamental landscape area using a
landscape irrigation system or a watering device that is not continuously attended unless such irrigation
is limited to no more than ten (10) minutes watering per day per station.
1. This restriction does not apply to the following unless the City has determined that
recycled water is available and may be lawfully applied to the use.
a) Landscape irrigation systems that exclusively use very low -flow drip type irrigation
systems in which no emitter produces more than two (2) gallons of water per hour or
weather based controllers or stream rotor sprinklers that meet a 70 percent efficiency
standard.
B. No person shall use water to irrigate any lawn and /or ornamental landscape area in a manner
that causes or allows excessive flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter
or ditch.
C. No person shall use water to wash down hard or paved surfaces, including, but not limited to,
sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, except when necessary to
alleviate safety or sanitary hazards, and then only by use of a hand -held bucket or similar container, a
hand -held hose equipped with a positive self - closing water shut -off device, or a low- volume, high -
pressure cleaning machine (e.g., "water broom ") equipped to recycle any water used.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other
malfunctions in the water user's plumbing or distribution system for any period of time after such escape
of water should have reasonably been discovered and corrected and in no event more than seven (7)
days after receiving notice of the condition from the City.
E. No person shall use potable water to irrigate lawns, groundcover, shrubbery or other ornamental
landscape material during a rainfall event.
F. By July 1, 2012, all landscape irrigation systems connected to dedicated landscape meters shall
include rain sensors that automatically shut off such systems during periods of rain or include
evapotranspiration systems that schedule irrigation based on climatic conditions.
G. No person shall operate a water fountain or other decorative water feature that does not use a
recirculating water system.
H. No person shall use water to clean a vehicle, including but not limited to any automobile, truck,
van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a hand -held bucket or
similar container or a hand -held hose equipped with a positive self - closing water shut -off nozzle or
device.
1. This subsection does not apply to any commercial car washing facility.
I. Effective January 1, 2010, all new commercial conveyor car wash systems in commercial car
washing facilities shall be operational recirculating water systems.
J. By January 1, 2013, all commercial conveyor car wash systems in commercial car washing
facilities shall be operational recirculating water systems, or the customer must have secured an
exemption from this requirement pursuant to section 14.16.030.
K. Persons operating eating or drinking establishments, including but not limited to restaurants,
hotels, cafes, cafeterias, bars, or other public places where food or drinks are sold, served, or offered for
sale, shall not provide drinking water to any person unless expressly requested by the patron.
L. Persons operating hotel, motel, and other commercial lodging establishments shall provide
customers the option of not having towels and linen laundered daily. Commercial lodging establishments
must prominently display notice of this option.
M. No person shall install a new single pass cooling system in a building or premises requesting new
water service. This provision shall not prevent the replacement or repair of single pass cooling systems
that were installed prior to December 31, 2009.
N. Effective January 1, 2010, all new washing machines installed in commercial and/or coin -
operated laundries shall be ENERGY STAR® and CEE Tier III qualified. By January 1, 2014, all
washing machines installed in commercial and /or coin - operated laundries shall be ENERGY STAR® and
CEE Tier III qualified.
O. No person shall use water from any fire hydrant for any purpose other than fire suppression or
emergency aid without first: 1) Requesting and posting the appropriate fees at the City and, 2) Obtaining
a hydrant meter to record all water consumption for a specified project. Absent a meter, water theft and
meter tampering fees will be applied as appropriate.
P. Construction Site Requirements. The requirements of this subsection apply to persons engaged
in construction activities. A permittee's refusal or failure to comply with these requirements shall
constitute grounds for revocation of a construction or grading permit. In addition, the City may withhold
occupancy and inspections until such time as the permit holder has complied.
1. No person shall use potable water for soil compaction or dust control in a construction site
where there is an available and feasible source of recycled water or non - potable water approved
by the Department of Public Health and appropriate for such use.
2. No person shall operate a hose within a construction site that is not equipped with an
automatic shut -off nozzle, provided that such devices are available for the size and type of hose
in use.
Q. Commercial Kitchen Requirements. No person may operate a commercial kitchen that does not
comply with the following requirements.
1. Water - Conserving Pre -Rinse Kitchen Spray Valves. New or remodeled commercial
kitchens shall be equipped with water - conserving kitchen spray valves. By January 1, 2010, all
commercial kitchens shall either remove all existing kitchen spray valves or retrofit kitchen spray
valves with water - conserving kitchen spray valves.
2. Best - Available Water- Conserving Technology. New or remodeled commercial kitchens
shall ensure that all water -using equipment in new or remodeled commercial kitchens uses the
best - available, water - conserving technology.
3. No person operating a commercial kitchen shall defrost food or allow food to be defrosted
with running water.
4. Scoop sinks shall be set at minimum water flow at all times of use and shut off during non-
working hours.
5. When hosing or washing kitchen or garbage areas or other areas for sanitary reasons as
required by the Department of Health, hoses shall be equipped with positive self - closing nozzles.
Section 14.16.050 Procedure for Declaration of Water Supply Shortage; Continued Monitoring
of Conditions.
A. From time to time, the City Council may declare by resolution the existence of a Level One, a
Level Two, a Level Three, or a Level Four water supply shortage. In so doing, the Council shall
determine that a water supply shortage or threatened shortage exists, due to drought or other water
supply conditions, and that it is necessary to impose the mandatory conservation requirements
applicable to the particular level of water supply shortage. It will be necessary to make more efficient use
of water and appropriately respond to conditions created by the water supply shortage. Prior to adopting
a resolution declaring the existence of a water supply shortage, the City Council shall enact a resolution
indicating its intention to do so, the conditions necessitating the declaration, the nature of the mandatory
conservation restrictions proposed to be imposed, including the specifics of any proposed water
consumption restrictions, and the day, hour and place when and where persons may appear before the
City Council and be heard on whether resolution declaring the water supply shortage should be enacted.
The resolution of intention shall direct the City Clerk to publish said resolution at least once, within fifteen
days of the passage thereof, in a newspaper of general circulation in the City. Said notice shall be
published at least ten days prior to the date of hearing. Within ten (10) days of the adoption of a
resolution declaring a water supply shortage, the City Clerk shall cause the resolution to be published or
posted in the manner required by Water Code section 376.
B. The mandatory conservation requirements that become effective following the adoption of a
resolution declaring the existence of a particular level of water supply shortage shall remain in full force
and effect until the resolution is repealed or until new mandatory conservation requirements become
effective following the adoption of a subsequent resolution declaring the existence of a water supply
shortage.
C. During the existence of a water supply shortage, the Utilities Director shall provide periodic
reports to the City Council regarding compliance with the mandatory conservation requirements of the
level of water supply shortage, current and anticipated allocations of water from MWD, and any change
in circumstances that could warrant a position of more stringent measures or relaxation of measures then
in effect.
Section 14.16.060 Level One Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level One water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area
except on the scheduled irrigation days established for each customer by the Utilities Director. During a
Level One water supply shortage, the schedule established by the Utilities Director shall specify for each
customer (a) four (4) irrigation days per week during the months of April, May, June, July, August,
September, and October and (b) two (2) irrigation days per week during the months of November,
December, January, February, and March. Prior to the foregoing restriction becoming effective, the
Utilities Director shall have notified the customer of the scheduled irrigation days by mail, which may be
done by an indication on the customer's municipal services statement. This restriction does not apply to
the following unless the City has determined that recycled water is available and may be lawfully applied
to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand -held
bucket or similar container, a hand -held hose equipped with a positive self — closing water shut -off
nozzle or device, or a very low -flow drip type irrigation system when no emitter produces more
than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation
system.
B. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level One water supply shortage, which percentage
shall be in the range from 100% and 90% of the base amount.
C. No person shall permit excessive use, loss
malfunctions in the user's plumbing or distribution
receiving notice of the condition from the City.
or escape of water through breaks, leaks or other
system for more than seventy -two (72) hours after
D. No person may use potable water to fill or refill an ornamental lake, pond, or fountain, more than
once per week, except to the extent needed to sustain aquatic life, provided that such animals are of
significant value and were being actively managed within the water feature at the time of the City's initial
declaration of a then- continuing water supply shortage.
E. No person may use potable water to fill or refill by more than one foot a residential swimming pool
or outdoor spa more than once a week.
Section 14.16.070 Level Two Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Two water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No person shall use potable water to irrigate any lawn, landscape or other vegetated area
between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day, except by use of a
hand -held bucket or similar container, a hand -held hose equipped with a positive self — closing water shut-
off nozzle or device, or for short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area
except on the scheduled irrigation days established for each customer by the Utilities Director. During a
Level Two water supply shortage, the schedule established by the Utilities Director shall specify for each
customer (a) three (3) irrigation days per week during the months of April, May, June, July, August,
September, and October and (b) one (1) irrigation day per week during the months of November,
December, January, February, and March. Prior to the foregoing restriction becoming effective, the
Utilities Director shall have notified the customer of the scheduled irrigation days by mail, which may be
done by an indication on the customer's municipal services statement. This restriction does not apply to
the following unless the City has determined that recycled water is available and may be lawfully applied
to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand -held
bucket or similar container, a hand -held hose equipped with a positive self— closing water shut -off
nozzle or device, or a very low -flow drip type irrigation system when no emitter produces more
than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such
irrigation does not exceed five (5) times per week on a schedule established and posted by the
City's Utilities Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation
system.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Two water supply shortage, which percentage
shall be in the range from 90% and 75% of the base amount.
D. No person shall permit excessive use, loss
malfunctions in the user's plumbing or distribution
receiving notice of the condition from the City.
or escape of water through breaks, leaks or other
system for more than forty -eight (48) hours after
E. No person may use potable water to fill or refill an ornamental lake, pond, or fountain, more than
once every other week, except to the extent needed to sustain aquatic life, provided that such animals
are of significant value and were being actively managed within the water feature at the time of the City's
declaration of the water supply shortage under this chapter.
F. No person may use potable water to fill or refill by more than one foot a residential swimming pool
or outdoor spa more than once every other week.
Section 14.16.080 Level Three Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Three water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No person shall use potable water to irrigate any lawn, landscape or other vegetated area
between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day, except by use of a
hand -held bucket or similar container, a hand -held hose equipped with a positive self losing water shut-
off nozzle or device, or for short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area
except on the scheduled irrigation days established for each customer by the Utilities Director. During a
Level Three water supply shortage, the schedule established by the Utilities Director shall specify for
each customer (a) two (2) irrigation days per week during the months of April, May, June, July, August,
September, and October and (b) one (1) irrigation day per week during the months of November,
December, January, February, and March. Prior to the foregoing restriction becoming effective, the
Utilities Director shall have notified the customer of the scheduled irrigation days by mail, which may be
done by an indication on the customer's municipal services statement. This restriction does not apply to
the following unless the City has determined that recycled water is available and may be lawfully applied
to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand -held
bucket or similar container, a hand -held hose equipped with a positive self —closing water shut -off
nozzle or device, or a very low -flow drip type irrigation system when no emitter produces more
than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such
irrigation does not exceed three (3) days per week on a schedule established and posted by the
City's Utilities Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation
system.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Three water shortage, which percentage shall
be in the range from 75% and 60% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other
malfunctions in the user's plumbing or distribution system for more than twenty -four (24) hours after
receiving notice from the City.
E. No person may use potable water to fill or refill an ornamental lake, pond, or fountain, except to
the extent needed to sustain aquatic life, provided that such animals are of significant value and were
being actively managed within the water feature at the time of the City's declaration of the water supply
shortage under this chapter.
F. No person may use potable water to fill or refill a residential swimming pool or outdoor spa.
Section 14.16.090 Level Four Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Four water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area.
This restriction does not apply to the following categories of use unless the City has determined that
recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-
held bucket or similar container or a hand -held hose equipped with a positive self— closing water
shut -off nozzle or device;
2. Maintenance of existing landscape to the extent necessary for fire protection;
3. Maintenance of existing landscape to the extent necessary for soil erosion control;
4. Maintenance of plant materials identfied to be rare or essential to the well being of rare
animals;
5. Maintenance of landscape within active public parks and playing fields, day care centers,
school grounds, cemeteries, and golf course greens, provided that such irrigation does not
exceed two (2) times per week on a schedule established and posted by the City's Utilities
Department;
6. Public works projects and actively irrigated environmental mitigation projects.
7. Food crops (including fruit trees and vegetable gardens), provided that such irrigation
does not exceed two (2) times per week on a schedule established and posted by the City's
Utilities Department.
B. The City will not (a) provide new potable water service, new temporary meters, or new permanent
meters or (b) issue statements of immediate ability to serve or to provide potable water service, except
under the following circumstances:
A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protect public health, safety, and welfare; or
3. The applicant provides substantial evidence of an enforceable commitment that, ensures,
to the satisfaction of the Utilities Director or his or her designee, the water demands for the
project will be offset prior to the provision of a new water meter(s).
This restriction does not preclude the resetting or turn-on of meters to provide continuation of
water service or the restoration of service that has been interrupted for a period of one year or
less.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Four water shortage, which percentage shall be
less than 60% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other
malfunctions in the user's plumbing or distribution system for more than twenty -four (24) hours after
receiving notice from the City.
E. No person may use potable water to fill or refill an ornamental lake, pond, or fountain, except to
the extent needed to sustain aquatic life, provided that such animals are of significant value and were
being actively managed within the water feature at the time of the City's declaration of the water supply
shortage under this chapter.
No person may use potable water to fill or refill a residential swimming pool or outdoor spa.
Section 14.16.100 Exemptions.
A. The provisions of this chapter do not apply to any of the following.
1. Uses of water necessary to protect public health and safety or for essential government
services, such as police fire and other similar emergency services.
2. The filling, operation, and maintenance of a swimming pool that is open to the public at
rates of charge deemed reasonable by the City Council.
3. The washing of refuse, sanitation and service vehicles owned and operated by a public
entity to the extent necessary to insure public health, safety and welfare, provided that recycled
water or a recirculating water system will be used where feasible.
B. Any restrictions imposed by this chapter that require the reduction of consumption shall not be
applicable to any of the following.
1. Customers who have participated in a fuel load modification program and have received
an exemption from the Utilities Director and Fire Marshall. The Utilities Director and Fire Marshal
shall only grant exemptions necessary to mitigate the impacts of participation in the fuel
modification zone program, such as the need to irrigate replacement vegetation.
2. Customers that operate hospitals, medical care facilities, nurseries or other businesses
whose main stock and trade consists of the sale or cultivation of plants and vegetation, and
businesses in which water consumption is an integral part of production or manufacturing,
provided that such customers shall first submit a water conservation plan to, and obtain the
approval of, the Utilities Director or designee. This exemption does not extend to the use of
potable water for the irrigation of landscape areas.
B. The Utilities Director or his or her designee shall approve a water conservation plan only if the
plan proposes the maximum feasible reduction in consumption. As a condition of approving the water
conservation plan, the Utilities Director or his or her designee may require the use of water conservation
devices or practices as he or she deems appropriate to result in the maximum feasible reduction in
consumption.
Section 14.16.110 Relief from Compliance.
A. Intent and Purpose. The City Council recognizes that water consumption can increase or
decrease because of factors unrelated to wasteful water use practices. Many customers have installed
water - saving devices and adopted water conservation practices that make it difficult to satisfy the water
consumption restrictions required by this chapter. This section recognizes that adjustments to the base
amount may be necessary to ensure that application of this chapter to any particular customer does not
produce unjust or inequitable results. In addition, the section recognizes unique circumstances may
result in undue or disproportionate hardship as to a person using water which is different from the
impacts to water users generally. As a general rule, the Utilities Director should not grant relief to any
person or customer for any reason in the absence of showing that the person or customer has achieved
the maximum feasible reduction in water consumption other than in the specific area or areas for which
relief is requested.
B. Procedures. A person or customer may file an application for relief from the provisions of this
chapter with the Utilities Director. The application shall be submitted in writing on a form supplied by the
Utilities Department. The application must be filed within ninety (90) days after the effective date of this
chapter or ninety (90) days after implementation of the then - current water supply shortage level,
whichever shall occur last. The Utilities Director may require the submission of additional supporting
documentation that he or she deems necessary to grant the application for relief. The Utilities Director
shall approve or disapprove the application for relief within thirty (30) days after it is filed and deemed
complete.
C. Factors to Be Considered
1. Relief from Water Consumption Restrictions. In determining whether relief should be
granted from water consumption restrictions, the Utilities Director shall consider all relevant
factors including, but not limited to, the following:
a. Whether compliance with the water - conservation requirements then in effect would
result in unemployment or layoff of workers;
b. Whether additional persons are now living or working in the customer's premises
that were not living or working in the premises during all or a portion of the billing periods
used to calculate the base amount;
C. Whether customer had, during all or a portion of the billing periods used to
calculate the base amount, begun using water conservation practices that remain in use
and that reduced the customer's water usage by an amount equivalent to the reduction
required by the water supply shortage;
d. Whether any current or anticipated increase in production or manufacturing will
require the use of additional water,
e. The extent to which irrigation or watering of landscaping has been made
necessary by compliance with fuel load modification programs; and
I. The extent to which customer needs to use water to mitigate any emergency
health or safety hazards.
2. Relief from All Other Requirements. In determining whether relief should be granted from
all requirements other than water consumption restrictions, the Utilities Director must find, based
on the application and supporting documentation, that:
a. the relief does not constitute a grant of special privilege inconsistent with the
limitations imposed by this chapter on other persons and customers;
b. because of special circumstances applicable to the customer or person's property
or its use, the strict application of this chapter would have an impact on the person or
customer that is disproportionate to the impact on other similarly situated persons or
customers;
C. the condition or situation of the person or customer's premises for which the relief
is sought is not common or general in nature; and
D. that the person or customer has achieved or will achieve the maximum feasible reduction in water
consumption other than in the specific area or areas from which relief is requested.
E. Agreement. The Utilities Director is empowered to enter into an agreement with any customer to
resolve the application for relief. The agreement shall be memorialized in a writing signed by the
customer. The agreement shall fix the rights of the customer and the City. During the effectiveness of the
agreement, the customer shall have no further right to seek relief pursuant to the provisions of this
section.
F. Final Decision. The Utilities Director shall notify the customer of the decision on the application for
relief by mailing notice of the decision to the customer, first class, postage prepaid, to the address
specified on the application. The decision of the Utilities Director shall be final.
G. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall make any
willful misrepresentation of a material fact with respect to any application for relief submitted pursuant to
this section. Any violation of the provisions of this subsection shall be considered a misdemeanor,
punishable as otherwise provided in this Code.
Section 14.16.120 Enforcement.
A. Responsibility; Implementation Plan. The Utilities Director shall be responsible for the
enforcement of this chapter. The Utilities Director shall develop an Implementation Plan to be used as a
guideline for enforcing the provisions of this Ordinance. The Implementation Plan shall provide the
resources (staffing and equipment) required to ensure the fair and timely execution of these
requirements, as well as a detailed execution strategy. In addition, the Implementation Plan shall ensure,
so far as is reasonable under the circumstances, that persons are notified of violations and are provided
an opportunity to cure the violation prior to being cited.
B. Additional Enforcement Options. In addition to the means of ensuring compliance set forth in
section 1.04.010 of this code, the City may elect to impose the following requirements on a customer in
the event of a continuing violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately one
gallon per minute for services up to one and one -half inches in size and comparatively sized
restrictors for larger services. Prior to doing so, the City shall first provide a minimum of forty -
eight (48) hours' notice of its intent to install a water flow restrictor. In the event that a customer
refuses to permit the installation of a water flow restrictor following the City's election to do so, the
City may terminate the customer's water service.
2. Termination of Service. The City may disconnect a customer's water service for willful
violations of mandatory restrictions in this chapter.
SECTION 2: If any section, subsection, sentence, clause or phase of this ordinance is, for any reason,
held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the
remaining portions of this ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The
City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be
effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the _ day of , 2009, and adopted on the _ day of , 2009, by the
following vole, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
Mayor
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
by:
M El E B U MP
ASSISTANT CITY AlT9KNEY
ATTEST:
CITY CLERK
QN Pry�,r
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
TO: Doe, John & Jane
12345 Main Street
Newport Beach, CA 94590
City of Newport Beach Information and Notice of Public Hearing
Protest Procedure of Proposed Water Rate Charges
EXTRA SPACE
----------------------------------------------------------------------- -------------- ----------------- --------- -------------------------------
Proposed Water Rate Increase
Notice of Public Hearing and Protest Procedure
NOTICE IS HEREBY GIVEN that on Tuesday, November 10, 2009, at 7:00 p.m., a public hearing will be
conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, CA
92663.
This will be a public hearing before the Newport Beach City Council to allow public testimony and discussion of
the proposed water rate increases described within this notice. The City Council will take written and oral
comments that evening. They will also consider all written protests against the proposed charges, determine if
a majority protest exists, and consider resolutions to adopt the water rate charges.
How to File a Written Protest
Written protests must be filed with the City of Newport Beach City Clerk. Written protests may be hand
delivered or mailed to the City Clerk at 3300 Newport Boulevard, Newport Beach, California 92663. To be
valid, written protests must state opposition to the proposed water rate increase, identify the parcel (by
assessor's parcel number or street address), and include the original signature of the water service customer
or property owner. Written protests may be submitted up to the conclusion of the public testimony at the public
hearing on November 10, 2009.
About Proposition 218
In November 1996, California voters approved Proposition 218. As a result, California agencies must comply
with its requirements when setting utility rates. One provision requires that a noticed public hearing on utility
rates be held and that rates not be increased if a majority of affected property owners protest the increased
rates in writing.
Frequently Asked Questions
Q. What does my water bill pay for?
A. Your Newport Beach water bill covers the following categories costs and services:
• The annual operation and maintenance of the water system, including well and pump station
operations, water treatment and testing, and water division employee salaries.
• The cost the City incurs to purchase imported and groundwater. The City purchases imported water
from the Municipal Water District of Orange County and groundwater from the Orange County
Water District.
• The repair and replacement of pipes, pump stations, facilities and equipment to improve the water
system safety, efficiency and reliability. No debt for this purpose is proposed and all improvements
will be "paid as we go" with rate revenue.
Q. Why do the rates need to be raised?
A. Newport Beach is not immune to the increases in delivery costs and the scarcity of water seen throughout
California over the past several years. Operating expenses, particularly chemical and electrical costs, have
increased by an average of 6% over the last four years. This year the cost of imported water increased by
20% on September 1, 2009 and will increase by another 22% on January 1, 2011. In addition, capital
expenditures are required to maintain the water delivery system. The City has not raised its water rates
since 2005. The existing rates do not provide enough revenue to meet the expenses necessary to operate
the water system to provide a safe and reliable water supply to City customers for the next five years.
The need to balance the revenues with the purchase water costs, operations, maintenance, and capital
improvement expenditures is a necessity. In addition, reserve levels have fallen below Council policy
levels. It is the goal to establish full reserve levels by the year 2014.
The City of Newport Beach receives its water from two primary water sources.
1. Groundwater from the four City owned wells in Fountain Valley
2. Import water supplied by the Metropolitan Water District (MET), purchased through the Municipal
Water District of Orange County (MWDOC)
Currently 62% of the City's water supply is from our groundwater sources while the remaining 38% is
purchased from MWDOC. The percentage of water from our groundwater source is based on water
available in the underground water basin managed by the Orange County Water District (OCWD). Facing a
third year of below average rainfall, the basin levels continue to drop. The amount of water we pump from
the basin has been reduced this year by 7 %, following a reduction of 5% from the previous year.
MET has experienced water supply issues not only from the lack of rainfall but by a court ordered pumping
restriction from the Sacramento -San Joaquin Delta in an effort to protect endangered species. Prior to the
cutbacks from the Delta, MET received nearly half of its water from Northern California through the
California Aqueduct and the remainder from the Colorado River through the Colorado River Aqueduct. As a
result of these cutbacks and lack of rainfall, MET has imposed water allocations (set at 15% reduction) for
the first time to all agencies it serves in Southern California. These allocations took effect July 1, 2009.
Should the City not meet these reductions, MET will charge approximately three times the standard rate for
water.
Q. How is my water bill calculated?
A. A customer's water bill is a component of the municipal services statement sent to City water customers.
Each bill will have two components:
1. Water Service Charge (Fixed): This charge is based on the customer's water meter size. Most
single - family residential properties have a 3/4, or 1 inch meter. This charge is designed to recover
the costs of reading, maintaining, and replacing the water meters. Additionally, this charge includes
a capital component. The capital component is to be used for repairs and improvements to the
water system identified in the Water Master Plan.
2. Water Usage Fee (Variable): This charge is based on the amount of water used and is calculated
by multiplying the number of hundred cubic feet units (HCF) of water used by the unit rate per HCF.
One HCF is equal to 748 gallons. This charge is geared primarily towards recovering the costs
associated with City water purchases, treatment, and distribution costs.
In an effort to promote water conservation, the California Urban Water Conservation Council defines a
water conservation rate structure as a structure that collects a minimum of 70% of the total revenue from
water usage fees. The idea behind the structure is that as a customer's usage increases, so does the cost;
thus incentivizing and encouraging conservation. Approximately 70% of the proposed total revenue
collected from the water bill comes from the Water Usage Fee and 30% of total revenue comes from the
Water Service Charge. The following table displays the rates for each component until the year 2014.
Q. How can I find out how the rate change affects my bill?
A. Start by looking at your Municipal Services Statement (a sample has been provided). You'll see a notation
like "WATER SERVICE .75 ". This means that the water meter at your home or business is a W, meter.
Next, look at the "Current and Proposed Water Rates" chart that follows on this notice. If you have a %"
meter, the rate will go from $9.00 for each two -month period to $16.54 for each two -month period.
Using the same sample provided, if you used the same 18 HCF of water, your total charge for water use
( "WATER USE HCF "), would go from $37.44 to $39.60 for the two -month period. As you can see, the
monthly meter charge will go up more than the use or "commodity" charge under the proposed rates.
If you still have questions about how your bill might be impacted, call or e-mail the City using the number or
address at the end of this notice.
SAMPLE
MUNICIPAL SERVICES STATEMENT
518" or 314"
Route: 010
$8.27
$13.09
SERVICE PERIOD: 06/18109 to 08/13109
This is how
$17.27
--------------- ..........
much water
$13.78
Current Reading: 796
you used.
$27.72 ........
WATER CHARGES: . TOTAL:
1112"
$7.00
>>�WATER USE HCF 18.00 $2.08 $37.44
WATER SERVIC 75" 0 $9.00 $9.00
$43.64
$50.38
$55.43
$57.58
This is where
$49.50
to find your
$69.82
meter Size. Current and Proposed Water Rates
$88.69
Monthly Water Usage Fee (cost per HCF)
3"
Current 1 2 3 4
5
FY2009 FY201D FY2011 FY2012 FY2013
FY2014
Commodity Charge $2.08 $220 $2.46 $2.73 $2.96
$3.08
Monthly Water Service Charge
$25.50
Current 1 2 3 4
5
Combined Fixed Charges FY2009 FY2010 FY2011 FY2012 FY2013
FY2014
518" or 314"
$4.50
$8.27
$13.09
$15.11
$16.63
$17.27
--------------- ..........
$5,50
$13.78
$21.82----
-$25.19 .......
$27.72 ........
$28,79 ....... '
1112"
$7.00
$27.55
$43.64
$50.38
$55.43
$57.58
2"
$49.50
$44.08
$69.82
$80.61
$88.69
$92.12
3"
$18.00
$82.65
$130.91
$151.14
$166.30
$172.73
4"
$25.50
$137.75
$218.18
$251.90
$277.16
$287.88
6"
$38.50
$275.50
$436.37
$503.81
$554.32
$575.76
8"
$45.00
$440.80
$698.19
$806.09
$886.91
$921.22
'10"
$45.00
$792.34
$1,254.99
$1,448.95
$1,594.22
$1,655.90
'12"
$45.00
$1,274.47
$2,018.64
$2,330.61
$2,564.27
$2,663.48
' Currently, all water meters sized 10 inch and above are owned and used by the City of Newport Beach.
However, Proposition 218 requires the City to list these charges should a customer obtain this size of meter in the
future.
For more detailed information regarding the proposed rates or Utility Financial Plan, please visit our
web site at: www.newportbeachca.govMaterRates
Need More Information? If you have questions, please call George Murdoch, Utilities Director at
(949) 644 -3011 or e-mail at utilitieshelo to- Dnewportbeachca.gov .