HomeMy WebLinkAbout12 - Water Conservation OrdinanceCITY OF. NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
October 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Director
949 - 644 -3011, gmurdochftnewportbeachca.gov
SUBJECT: 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, November 10,
2009, at which time additional public testimony will be taken and the Ordinance
will be heard for a second time.
DISCUSSION:
General Background:
On September 22, 2009 staff brought before the City Council revisions to City's Water
Conservation Ordinance Chapter 14.16. At the meeting the City Council and the public
made several recommendations to improve the Ordinance. These changes are shown
in the revised redline version of the Ordinance (Attachment A). The proposed final
version of the Ordinance titled Water Conservation and Supply Level Regulations
(Attachment B) and Implementation Plan (Attachment C) are included in this staff report
for your review and approval. The existing ordinance, which was last updated in 1996,
needs updating and refinement to encourage water conservation and to meet water
resource challenges now facing the City. In April of this year the Boards of Directors of
the Metropolitan Water District of Southern California (MET) and Orange County Water
District (OCWD), which supply water to Newport Beach, have respectively cut water
deliveries. MET reduced its allocation to customers by up to 15 percent and OCWD
reduced the Basin Pumping Percentage by seven (7) percent.
Water Conservation Ordinance
October 27, 2009
Page 2
Currently, the City gets 38 percent of its water from MET and 62 percent from OCWD.
This diversity of supply combined with credits that the City has achieved due to its
current and historical conservation efforts, means that the City will need to reduce its
water consumption by approximately 6 to 9 percent in order to meet water reduction
requirements.
Water Conservation Ordinance Changes
To address both City Council and public recommendations expressed at the September
22, 2009 Council meeting, the changes are summarized below:
1. Opportunities for appeals — A new section has been added under Relief from
Compliance; Appeal of Final Decision [14.16.110(F)].
2. Clarification for city and non -city water customers — differentiation throughout the
ordinance between a person who receives water from another agency and a City
water customer who falls under the Ordinance requirements.
3. Automated irrigation limit of 15- minutes per station [14.16.040(A)].
Ordinance Key Features
Substantial revisions and additions to the proposed Ordinance for Council consideration
include:
• 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; and
• Requiring an Implementation Plan that generally meets and/or exceeds water
conservation requirements set forth by MET and the California Urban Water
Conservation Council.
The ordinance lists four (4) 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 for one of the following:
• Level 1 Shortage Warning
• Level 2 Significant Shortage
• Level 3 Severe Shortage or
• Level 4 Crisis Shortage.
Water Conservation Ordinance
October 27, 2009
Page 3
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 Shortage and Level 4 Crisis
Shortage would require a maximum of 40% reduction in average water use. These
levels may be a result of a combination of groundwater supply shortages, extreme MET
allocations, catastrophic failure of the City's distribution system or imported supplies. In
the Level 4 Crisis Shortage, all exterior irrigation is required to be stopped.
Next Steps
The Implementation Plan provides a strategy for addressing the implementation details
of any of the four (4) water shortage levels. Procedures in the Plan include the
formation of a Drought Response Task Force, comprised of Utilities Department and
Water Conservation /Code Enforcement staff. Other significant elements include a
Public Information Program (PIP) that would provide clear and concise information on
Level, irrigation schedules and mandatory conservation requirements.
Environmental Review:
This action is categorically exempt from CEQA pursuant to 14 CCR 15307 as an action
to assure the conservation of water, a natural resource, pursuant to 14 CCR 15306 as
an action for the protection of the environment.
Prepared and Submitted by
/- � 12, �- I czz
L-GeorTe Murdoch, Utilities Director
Attachments: A: Redline Water Conservation Ordinance
B. Proposed Water Conservation and Supply Level Regulations Ordinance
C: Implementation Plan
Agenda Item No. _2b
SeptembeF22October 27, 2009
ATTACHMENT A
Draft Water Conservation and Supply Level Regulations
SeptembeF22October 27, 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. California 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 DiFeGtOF. —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 estimate of the water usage per billing period of similar premises
and users.,
FeAeGt aGtual usage by surh GI-16-tAFne-FA I.Yhen FAGFe than six (6) rnenth6 of wateF billing data beGame6
available. Notwithstanding the foregoing, in calculating the base amount, the abase
amount 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.
"City Council" shall mean the City Council of 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.
"Department of Public Health" shall mean the Oranae County Department of Health.
"Excessive flow or runoff" shall mean frequent and /or large amounts of runoff from irrigation and /or other
outdoor water use.
"Fire Marshall" shall mean the City of Newport Beach's Fire Marshall or his or her designee.
"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.
"MET" shall mean the Metropolitan Water District of Southern California.
"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.
"Utilities Director" shall mean the Director of the City of Newport Beach's Utilities Department or his or
her designee.
"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 in this chapter .
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 Mandatory 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- customer 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 fifteenten (150) 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 ep rson'swateF USeF'G 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 peFSea- customer 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 persepcustomer shall operate a water fountain or other decorative water feature that does not
use a recirculating water system.
H. No perser- customer 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 14.16.100=.
K. Refseras– Customers 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
erson .
L. Rerseas Customers operating hotel, motel, and other commercial lodging establishments shall
provide ero sonssestemers the option of not having towels and linen laundered daily. Commercial lodging
establishments must prominently display notice of this option.
M. No perser ustomer 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 Persew customer 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.
0. Commercial Kitchen Requirements. No pemGFi- customer 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 perser�-customer 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 California 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 MWDMET, 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 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 perseF#- customer 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
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 perser- customer 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 persew customer 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 feF eaGh GUStOFAeF by the Utilities PiFeetefby City
Csouncil resolution. During a Level Two water supply shortage, the schedule established by the dtilities
DiresterCity Csouncil resolution 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 Util+ ties DifecieF City shall have notifyied 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 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 perser customer 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 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 Perser} customer 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- customer 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 fer Ranh nurtnmeF by the Utilitie6 DiF9GtGFty_9 itvs
Council resolution. During a Level Three water supply shortage, the schedule established by the dti"ties
DmFestefCity sCouncil resolution 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 C shall Ratified notify 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
malfunctions in the user's plumbing or distribution
receiving notice from the City.
or escape of water through breaks, leaks or other
system for more than twenty -four (24) hours after
E. No perser- customer 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
aAd-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 peFSea- customer 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 by resolution of the City Council and
posted by the Utilities Director. ,
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
3. The applicant provides substantial evidence of an enforceable commitment that, ensures,
to the satisfaction of the Utilities Director, OF h 6 OF h9F desigRee, 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 parser customer 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 ef signifiGant value
aad -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 pew customer 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. OF designee._ This exemption does not extend to the use of
potable water for the irrigation of landscape areas.
&C. The Utilities Director GF 1146 OF h9F deSigAea 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 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 o
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.
I . 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
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
requested
€D_Agreement. The Utilities Director is empowered to enter into an agreement with any person or
customer to resolve the application for relief. The agreement shall be memorialized in-a writing signed by
the person or customer. The agreement shall fix the rights of the person or customer and the City. During
the effectiveness of the agreement, the person or customer shall have no further right to seek relief
pursuant to the provisions of this section.
Agenda Item No. _
October 27, 2009
ATTACHMENT B
Draft Water Conservation and Supply Level Regulations
October 27, 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. California 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. 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 estimate of
the water usage per billing period of similar premises and users. Notwithstanding the foregoing, in
calculating the base amount, the base amount 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.
"City Council" shall mean the City Council of 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.
"Department of Public Health" shall mean the Orange County Department of Health.
"Excessive flow or runoff' shall mean frequent and /or large amounts of runoff from irrigation and /or other
outdoor water use.
"Fire Marshall" shall mean the City of Newport Beach's Fire Marshall or his or her designee.
"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.
"MET" shall mean the Metropolitan Water District of Southern California.
"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.
"Utilities Director" shall mean the Director of the City of Newport Beach's Utilities Department or his or
her designee.
"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 in this chapter 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 Mandatory 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 customer 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 fifteen (15) 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 person'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 customer 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 customer shall operate a water fountain or other decorative water feature that does not use a
recirculating water system.
H. No customer 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 14.16.100.
K. Customers 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 person.
L. Customers operating hotel, motel, and other commercial lodging establishments shall provide
persons the option of not having towels and linen laundered daily. Commercial lodging establishments
must prominently display notice of this option.
M. No customer 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 customer 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 customer 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 customer 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 California 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 MET, 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 customer 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 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 customer 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 customer 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 by City Council resolution. During a Level Two water
supply shortage, the schedule established by City Council resolution 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 City shall notify 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 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 customer 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 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 customer 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 customer 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 by City Council resolution. During a Level Three
water supply shortage, the schedule established by City Council resolution 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 City
shall notify 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 customer 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 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 customer 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 pre centers,
school grounds, cemeteries, and golf course greens, provided that such irrigation does not
exceed two (2) times per week on a schedule established by resolution of the City Council and
posted by the Utilities Director.
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, 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 customer 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 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 customer 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. This exemption does not extend to the use of potable water for
the irrigation of landscape areas.
C. The Utilities Director 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 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 to 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
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. 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
D. Agreement. The Utilities Director is empowered to enter into an agreement with any person or
customer to resolve the application for relief. The agreement shall be memorialized in writing signed by
the person or customer. The agreement shall fix the rights of the person or customer and the City. During
the effectiveness of the agreement, the person or customer shall have no further right to seek relief
pursuant to the provisions of this section.
E. Final Decision. The Utilities Director shall notify the person or customer of the decision on the
application for relief by mailing a notice of the decision to the person or customer by means of, first class,
postage prepaid, to the address specified on the application.
F. Appeal of Final Decision. A person or customer may appeal the decision of the Utilities Director
by submitting a written request within (90) days of the date of the Utilities Director's written decision. A
written appeal request shall be submitted to the City Manager and include the reasons for the request
and signature of the person or customer submitting the request. The City Manager may approve or
disapprove the appeal within (30) days from receipt of a request. The decision of the City Manger 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 chapter. 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 City Council finds that this ordinance is not subject to the California Environmental
Quality Act ( "CEQA °) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4: 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 5: 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
MAYOR
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
M? 6AC
ATTEST:
CITY CLERK
ATTACHMENT C
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENTATION PLAN
WATER CONSERVATION AND SUPPLY
LEVEL REGULATIONS
IMPLEMENTATION PLAN
CITY OF NEWPORT BEACH
Utilities Department
10/27/2009
ATTACHMENT C
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
4
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. Level 1 Procedures
6
3.2.2. Level 2 Procedures
7
3.2.3. Level 3 Procedures
8
3.2.4. Level 4 Procedures
9
3.2.5. Relief from Compliance Procedures
9
3.2.6. Violations and Penalties Procedures
9
3.3 Targeted User Reductions Program
SO
II
ATTACHMENT C
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 paleoclimate 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 p lariy affec�by both local and distant
droughts beginning with the 1976 -77 drotl when the Me0olitan Water District of
10 f
Southern California (MET) first experienced dt, ,and for water excee . supply.2
The first regional drought manage[)tent plan was,: pro] d and implerrinted by MET in
7.
1981. The plan was comprised of ate schedulei6 ,would encourage conservation and
the identification of "interruptible" wr' "±leliyeries that could be interrupted for a period of
time in the event of a drought.
After the 1987 -1992
more complex in ho
non - interruptible wa
Management Practic
to ME r
pIannin9P along with
could aff Vie. water
tl
71ed - drougWplans that were significantly
2r. +Ructions to both interruptible and
pricing incentives for conservation (Best
linated public information program was
Drought Water Bank, and provided water
ias been a part of integrated resources
that en9ironmental, political and economic impacts
is a drought.
This concern was! ;galized w" a "perfect storm" of events has resulted in mandatory
cutbacks to the City %. reside,,ii "41 and commercial customers. The combined effects of
legislation that re ulretliive �I"800 000 acre feet per year of /y) of Central Valle Project
9 q ��' P Y ( Y ]
water, a 2007 judlclal aC +bthat required limits on pumping from the Sacramento /San
Joaquin Delta, and three yiars 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 MET Board of Directors instituted
The Natrona /Integrated Drought lnformation System Implementation P /an, June 2007. The National Drought Polity
Commission. Pg. ii.
'Drought Management Plan, May 2006. San Diego County Water Authority Water Resources Department. Pg. 15
3 Metropolitan Water District of Southem California. Presentation to the Board of DirettorS April 19, 2009.
1
ATTACHMENT C
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
4f
In order to address both the water supply shortage i -�nd revenue impacts resulting
from decrease in water sales, the City is proposing to t everal significant actions.
The City is in the process of adopting an upc
amend City Code Chapter 14.16, Water Consl
recommendations for reducing water dema
implemented during declared water emery
customers to reduce their water use from a
reduction (Level 4).
The other significant action that the
budget based rate structure that we
who have already beep.,,0$4sefving
reducing demand by,-,1j,,- iii` 4 `taer
The purpose of this
take after imDlemer
SECTI
2.0
pater C g1vation Ordinance which will
and Sup j+vel Regulations to reflect
Ordinance e9t'blishes regulations to be
including foul'= Lvels" that require
um-10% (LeV 1 --to 40% or more
is the implementation of a
while not punishing those
would be geared towards
average amount.
Imendations and actions the City should
proposed Rate Structure.
IREMENTS
As noted in the pre5lq e ,fin, the proposed Water Conservation Ordinance contains
regulations that will be u Va ensure that adequate supplies of water are available to meet
the health, safety and WAKE 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:
4 The other 62% (in 2009) of the City's water supply comes from groundwater supplies.
3
ATTACHMENT C
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
A. Irrigation system limit of 15 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¢.
J. Commercial car wash systems use recirculating t 60"by 01/01/2013
K. Restaurants only serve water on request �U
1�
L. Hotels must provide guests option to not laupok
in daily
M. No installation of single -pass cooling systems W �N ;
N. Commercial laundry systems use of energy fficient maclii es
O. Unauthorized use of fire hydrants restr7ed (water theft viol bon)
P. Construction site requirements: Hose wi1 h nozzle, recycled waif her
Q. New /remodeled commercial kitchens m aS 'uses +/Dter co se g ,r
commercial kitchens: no defrosting of foo 3,wirh` running water, r
;x3? x
sanitary reasons with nozzle:-= <;�;:� .nE_:L;,,. y,�: ;,
In addition to prc
Ordinance outlines
implemented under
level.
2.1
Upon sup Mt, analysis bV�,t
demand relgJ of 0 10�
increase public4i beach and
and require the a))lional ac
available
fizzles. Existing
ash down for
illations and penalties, the
ervation practices that will be
primary requirements of each
apartment and adoption by Council, consumer
jested. In order to achieve this, the City will
order to implement Level 1 conservation practices
• Restricts residential=and -tommercial irrigation to no more than four (4) days per week
from April — Octobor, -i:ivo (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.
ATTACHMENT C
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
2.2 LEVEL 2 - SIGNIFICANT SHORTAGE
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�zmber — March.
• Reduction of indoor /outdoor water consumption'0 -25% (percentage set by
resolution).'
■ Fix leaks within 48 hours. '
■ Fountains, ornamental lakes or ponds refilled no i Sore than once every other
,�.
weeks
• Swimming pools and outdoor spas carrly be fil led.-one foot eery other week.
2.3 LEVEL 3 - SEVERE
Upon supply analysis by the Utilities Dbprtment a "tdoption by Council, consumer
demand reduction of 25-40% will b61,tequeste(I,,r In order to achieve this, the City will
increase public outreac ha �00d awareness in of p implement Level 3 conservation
practices. In additioRjd_"Rth 90t Lev i and. r ��ilirements, the City will require the
additional actions bel" w ,',. An
�.
• Restrictseldential aric(, eIclal irnglon to no more than two (2) days per week
from AotAW �� KI er, by f) days Ser weel Vovember — March.
• Re2laetion of nd;09, outdo or water umption by 25 -40% (percentage set by
• Fix 1664k, within 24 hotlfss
• Prohibitdd flling of fouria�ps, or"ental lakes or ponds except to sustain aquatic life
of sign ificant-value.
■ Prohibited flli44 swiml� i'ng pools and outdoor spas.
2.4 LEVEL 4 —
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:
4
ATTACHMENT C
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
• 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.
• 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 Department's Mission Statement
implementation of most of the Water Shortage RE
Conservation Ordinance will require the customer
cultural change. II
For most of the past 100 years, the City has4r,
the permanent and Level 1 restrictions ark i
implementation of Level 2 is required, there
and municipal violations become more of a pc
and achieving strategic objectives ercisi
Y Ci
be unfamiliar to man �`
tY em to p
customers are used to a service- onentel reii
the 'policing' aspect that underlies `sbie
particularly those in Levels
It is important, therefore; to realiZOAhat alor
that will be discussed tielgqvar, to need for
between all parties iscritical :a
3.1 f`z UTER SUPPLY
fundamentally unchanged, the
Levels contained in the Water
roperty owners to undergo a
water withitations, and indeed,
easy to imps E 2nt. However, if the
reasiiog disincent@ to wasting water
...process of ideri !ing, prioritizing,
pry and direction over customers will
o le to some. Similarly, the City's
wit 0,01e City, and will be uneasy about
manaNT", conservation practices —
the managerial and organizational tasks
t- forward and frequent communication
The first pre ir, lementation a vity i ie establishment of a Water Supply Task Force by
the Utilities Director.., The Utili Director will chair the task force and include the Utilities
Deputy Director, Water; Conservion Coordinator, and supervisors from each division along
with at least one rank ded fjle member of each water division. The inclusion of the rank -
and -file member is two`fQ(di1) their extensive practical and hands -on knowledge of the
system and customers will lit 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).
5
ATTACHMENT C
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
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
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
Shortage Response Procedures" — a notebook
by the task force that will be used to implem(
these procedures include: 1) development 9f
compliance, 2) a car -wash certification proud
pressure /low volume wash system 3) training
outrage due to billing increases or of , rcemen
the creation and distribution of water ftserval
and laundering reminders for lodging ostabli
ATTACHMENT C
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
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
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 PIPI 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 progr ee Section 3.3).
• Development of targeted educational mate ers, bookmarks, refrigerator
magnets, etc.) that specifically list Conseryptin Practic�Prohibitions and any other
outdoor water use conservation pra 1�- (mulching, �runmg) (or receive from
MWDOC /MET) `
• Refer customers to list off compliantaervation equipment�nd devices (listed on
MWDOC, MEf and CUWCC websites). a
• Assistance in the production f(or obtain. fro VDOC /OCWD if avrlable) restaurant
table tents (listing water co s ra 'ti n pract�� - including no glass of water unless
requested) and laundry remmder�rds for logic establishments (listing water
conservation practices like turnl�g offs =r wh`en�, brushing teeth and no daily
laundering of linens'„ z h, `Y
• Customer serve traiiti {g includm eftttwe c�jikiques for handling aggressive
callers, such aontrolling,utraged, e�t�.threatemng °customers.
• Develop a car w s 'Icertif)r tion progi t that provides a placard car washes can
usage,
ich
• Warning nbfA to
sent out Sft . and
through code erifi cgt
"
• The Utilities Direc
prior to implementatior
evalu 64C1m rit( r' and monthly reports. This procedure
hat providtnformation on production and distribution,
pir 5 re and peak demand, reservoir levels and peak
met goals, financial information /impacts /forecasts and
lion efrts appear to be the most effective.
tomers over the designated percentage of reduction will be
Ster number of municipal code violations will be handled
measures.
review the PIPI and all measures with the City Manager
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:
r7d i /_TaL1TW14 MO
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
• 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
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- efficiept�jdgices that are exempt from 10
minute limitation, water leak repair deadline, arf-W- Gification of ornamental fountain
limitations. ,
• Warning notification to customers over the =leignated percentage of reduction will be
sent out. Second and greater n unicipai codiolations will be handled
through code enforcement measures�w
• The Utilities Director will review the Pif � W any other meas' with the City
Manager prior to implementation.
3.2.3. Level Procedures
The Level 3 demand reduction of up t&."i
accomplished primarily.,, � further i
Level 3 include thoseAhsted for refs 1 a
■ Revised
City.:
be achieved by mandatory measures,
gions The suggested procedures for
iftiose listed below:
larid cape irrigation schedules developed for the
Jays' �week in summer months, one (1) day a
o trig 'te and displayed on Municipal Services
■
Obligation to fix leak t - pro within 24 hrs of notice.
• Pubiicformation Plat IP3) Moped for notifying customers of revised irrigation
schedules�rrigation ti�iand no automatic irrigation system limitations. PIP3 will
also includenctification f water allocation limits method and potential for penalties
due to exceed the Itication limit; notification of the prohibition on filling or
refilling fountain. ( pas and ornamental lakes or ponds.
• Warning notificatiorii "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 PIP3 and all measures with the City Manager
prior to implementation.
8
ATTACHMENT C
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
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:
• 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 reg4irement.
• Public Information Plan (PIP4) developed for ,fying customers of prohibited
irrigating or watering. PIN will also remforior notifications including water.
t �• +ex
allocation limits method and potential for piue to exceeding the allocation
limit; the cessation of new water service „,,near tem or permanent meters, and
issuance of permits, will - service letter p , ability of eXity to establish a water
allocation limit for any property, arir =i t levying of flnd§`�Ar exceeding the water
allocation limit.
■ Warning notification to customers over the esign d percents ftf reduction will be
sent out. Second and greater number of r ni. code violatio` +` +`, -will be handled
through code enforcement measr s
■ The Utilities Director will rew w the PIP4 and "III Apleasures 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 tack fbfcg sljould d lop examples of "undue hardship” to a
customer Ftif exarntlle, if thi�.comj3ass fnanial reasons, guidelines will be developed
for reviewing `financiallint`p�rmad' and deft 14,wfiat are the criteria for "financial hardship ".
Hardship rances willIicarefuly scrutinized and minimally granted so that equitable
impacts are `&- perienced by dustom4r� TThe City does recognize that there are extenuating
circumstances S%h as health/ fety issues that may affect water use. Some customers may
tl e -- ability to Y luce their water consumption by more than they already
simply not have
have. The details of. in applying for a relief from compliance are detailed in the
ordinance. The Task force shall` review all requests with the Utilities Director, and those
associated with financial`= 1ardship will be reviewed with the City Manager. All customer
service staff will be briefed and trained on this process.
3.2.6. Violation and Penalty Procedures
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.
9
r_` i r_Ta:r1 4a 11110
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS IMPLEMENATION PLAN
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
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 app4 . etl' to identify the best prospects
and develop a schedule and procedures for max 'iling the physical inspection and
education of the customer. `
Similar to the overall monitoring and evaluairocedures, tgeted user monitoring and
evaluation procedures and reports will be de�dped. Public recojnt gn of these customer's
effective efforts to reduce water usage shouk "included in all Pubct�formation Plans.
F.
10
Authorized to Publish Ad%erb.clrNmts of all kinds including public notices by
Decree of the Superior Court of Change Cmnty'. Callforma u�ty.0- ta7J� /ED
September 29, 196Land A�248 ?1 June I1, 19G ?. ��(�`J/`{{LL.•��
PROOF OF PUBLICATION�'1' _6 Ig' 12
ur-CH C=
THE G' C
STATE OF CALIFORNIA) CR OFrn' ;POR E
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California. and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
October 31, 2009
1 declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 4, 2009 at
Costa Mesa, California.
I
Signature.-'
CITY OF NEWPORT BEACH
PUBLIC NOTICE
ORDINANCE SUMMARY
vO'iCE S rERE55 G LEN sar cr Orn - P. 2"
:^a Ctr Caurc ce ere Dry of N"per. Bad+ Calbrra.
rmaweG ar ONnarce e,mb0
ORDINANCE NO 2aW24
AN ORDNANCE OF THE CRY COUNCIL OF
THE CITY OF NEWPORT BEACH. CALIFORNIA.
AMENDING CHAPTER la le OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
WATER CONSERVATION AND SUPPLY LEVEL
REGULATIONS,
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