Loading...
HomeMy WebLinkAbout14 - Water Conservation OrdinanceCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT �a c� /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, ymurdoch(a,)newportbeachca.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: Introduce Ordinance No. 2009 -y 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 Advertisements of all kinds including public notices by Decree of the Supergw Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11. 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) 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: November 14, 2009 I declare, under penaity of perjury, that the foregoing is true and correct. Executed on November 18, 2009 at Costa Mesa, California. /'✓ice Signat RECEI\ /ED 4 70 NOY 20 AM 9- 47 CRY OF NEWPORT BEACH PUBLIC NOTICE ORDINANCE SUMMARY TICE 15 HEREBY GIVEN rho, on Nwwnwr 10. 2009 C.Y Cwnc,l 0l d» CGry a$ Ne.porr Bwch Cddvn,o, awd o, 0,4 - o-a..ri.e ORDINANCE NO. 200921 AN ORDINANCE DI THE CRY COUNCIL OF ME CRY OF N[WPORT %EACH. CALIFORNIA. AMENDING CHAPTER Il. id Of ME NEWPORT REACH MUNICIPAL CODE PERTAINING TO WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS. Th. propO Ord,nonce wa »naoTry •..,»s Me eronng md,nonce due a ,.ew nN,cl•ona ,mm0»d On locos growdo.w Ord ,rnon!ed ww, wpWrn San d IM harps, ,K6" . Add. %addewr»I pwmar»n•.O»r uN%. nurrcroni • Cr.arcg IOi• ;/1 pho», d w », nnen,rp. inwod d Me cwwnl =,» 191 plow+. • Iro.drr,% b• p.neh.w b Odwnce .obriOr,,, ord • 4pu rm% on Implem.nwlnn pan Mar `N". sly mwn oM /orf e:c.W. w », con,w..non mir»rr»m+ w 6 by d» Mw.Ww WO», D.nan IMETI ord M Cd &-. Urban Wo COn»r.onon Coincll TM adinonw Lin bi^ 1411e.eH o1 Me C•ti +nfoon »» e.mlonn% w »r ,hor»%e+ Degndm% upon Me de%m OI cirboc6 ne.ded, Me Udrhef D�,eclo, .oild pOpo» Io COUr,cd O MdOnI»n Id one d Me blo,.,cg • Ee..I t Sbra%. Warn.,p. • L.w12 5,%nmea,r Sno,eo%e • L" S sew,. Shor»%e. Or • L..•I A C'.. 5hor»%. level 1 SI.-" WOmm%.a1d ,eWm O ma—im d 10% 1.d, .w OwngA• -W Myeon.he,e MET ..orw n OROCa»d ad» C-Y, e n onwpowd Mor MH 4..1 ...0 t» aaw LM 2 594cae Shorb%e wind roan. o mo•,mum d 25%,edicwn n average w »^ i» tw, 1.4 m , M O n.ub oI MET oEOCar�o.f n - a,.d�rorw ..m bcal %rwndwww sw,ce ttIbOCI+ -e.+ ] Swne Sl,oraq. ar,d over / GmI Shw»ge mould rpu ^e o. m0[NNrn d A0%,.dutt9n in awrp%O ,rOYr u» RnN sews may b. ore I, d O mnb�m,ron d %rwMwnr ,apply hoon....nnme MET olbcoho•.s. c Vwh,c bduwdlM GN idaO,biaonfyfyenw mpn»d woTl», In M. L"W A Cm» Sh rl %...11 .w. +m ,rngauon s req b b. slopped Dowd M,s I Ish dOy d Nowmbw 2009 {e,bm I B,oen, C.ry C4r1 CMofN NP HII