HomeMy WebLinkAbout21 - Water Conservation OrdinanceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 21
June 9, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Director
949 -644 -3011, pmurdoch co- b.city.newport- beach.ca.us
SUBJECT: Revisions to City's Water Conservation Ordinance
ISSUE
Should Council approve significant changes to the City's existing water conservation
requirements due to new restrictions imposed on local groundwater and imported water
supplies?
Staff recommends that the Council:
1. Repeal Chapter 14.16 in its entirety.
2. Introduce Ordinance No. XX -XX (see Attachment A) and approve the first
reading by title and waive reading of the full ordinance.
3. Schedule a public hearing to receive public input for June 23, 2009.
DISCUSSION:
General Backaround
Facing a third straight dry year and court- imposed limits on imported water, on April 14,
2009 the Board of Directors of the Metropolitan Water District of Southern California
(MET), which supplies potable water to our region, voted to cut water deliveries to its
customers by up to 15% effective July 151. This is the first time this has occurred since
the 1987 -1992 drought.
On April 15th the Board of Directors of the Orange County Water District, which
manages the groundwater basin to supply potable water to north Orange County, voted
Revisions to the Water Conservation Ordinance
June 9, 2009
Page 2
to reduce the amount of water that can be pumped from the groundwater basin from
69% to 62 %; a 7% reduction.
Water Supply Background
The City gets its water from one local and two imported sources:
1. Local Groundwater (Orange County Water District);
2. The Sacramento -San Joaquin Delta (the California Aqueduct) via MET and the
Municipal Water District of Orange County ( MWDOC);
3. Colorado River (the Colorado River Aqueduct) via MET and MWDOC
Currently, the City gets 69% of its groundwater from local sources and 31% from the
MET / MWDOC imported sources. This diversity of supply, combined with credits that
the City has achieved due to its historical conservation efforts, means that although
MET and OCWD have enacted 15% and 7% cutbacks, respectively; the City will need
to reduce its water consumption by only 6% to meet these cutbacks for the next fiscal
year (09/10).
The outlook for future years is bleak, however. The court- mandated limitations on water
from the Delta mean that in years of average rainfall, Southern California will receive
only half the water it has been given over the past 25 years. In drought years, we may
receive little to no water out of the Delta — and there are no short term solutions or even
viable long -term solutions readily available.
In a worst case scenario, where both the Delta and the Colorado River are cutback,
Southern California may receive only enough imported water for health and safety uses,
with little or none available for landscape irrigation. Due to both the immediate and
long -term implications of water supply cutbacks, MET, in coordination with the California
Urban Water Conservation Council (CUWCC), is requesting that all member agencies
adopt more stringent prohibitions against water waste, and develop a plan for operating
during prolonged water rationing. They have tied the adoption of these ordinances to
reimbursement allowances for conservation equipment, so adoption of the ordinance
has immediate monetary implications for the City and its customers.
Water Conservation Ordinance Requirements and Changes
The City's water conservation ordinance was initially adopted in 1992 (Ord 92 -31) and
last updated in 1996 (Ord 96 -22). This proposed ordinance substantially rewrites the
existing ordinance by adding additional permanent water usage restrictions, creates four
(4) phases of water rationing, instead of the current nine (9) phases, provides for
penalties for ordinance violations, requires an Implementation Plan and generally meets
and /or exceeds water conservation requirements set forth by MET.
Revisions to the Water Conservation Ordinance
June 9, 2009
Page 3
Utilities Department staff have worked closely with Water Conservation /Code
Enforcement staff in the development of the ordinance, particularly in the retention of
limited provisions for relief from compliance (e.g., irrigation of food crops and
commercial nurseries), as well as provisions for appealing decisions to the Utilities
Director. It should also be noted that the City's special legal counsel reviewed the
penalties section to ensure that it complies with Proposition 218 requirements (i.e., they
are not additional fees or taxes, but true penalties for non - compliance).
A key feature in our proposed ordinance is the inclusion of 20+ Permanent Water
Conservation Measures that residents and businesses would be required to put into
practice. These measures are designed to optimize water -use efficiency even if there is
no immediate water supply shortage.
The ordinance lists four levels of the City's response to escalating water shortages.
Depending upon the degree of rationing, the Utilities Director could declare a Level 1
Shortage Warning, Level 2 Significant Shortage, Level 3 Severe Shortage or Level 4
Crisis Shortage. Such a declaration would trigger additional water conservation
measures for residents and businesses over and above the permanent measures.
The Implementation Plan (Attachment B) provides a strategy for addressing the
implementation details of any of the four water shortage levels. Procedures included in
the Plan include the formation of a Drought Response Task Force, comprised of Utilities
Department and Water Conservation /Code Enforcement staff that will coordinate the
implementation of the Plan. Other significant elements of the Plan include an extensive
Public Information Program (PIP) that would provide clear and concise information on
irrigation schedules and allowable water practices.
Staff has also met with the Coastal Bay Water Quality Committee to review and discuss
ordinance provisions to assess how they might complement or support City goals
designed to prevent ocean water pollution. For example, the provision "No excessive
water flow or runoff from lawns, landscaping and vegetated areas' meets both the goal
to save water as well as the goal to keep ocean water clean by reducing runoff. The
Committee supports the adoption of the proposed ordinance.
Concurrent with the development and implementation of this ordinance, staff has been
working with other City departments to address overall "green' issues, of which water
conservation is an important element. Recently enacted laws will require extensive
energy and water conservation changes to the Building Code along with mandatory
water conservation landscape requirements for new homes; the Council will be
reviewing these in upcoming months. It is anticipated that these requirements will
enhance and compliment the proposed Water Conservation Ordinance, but they will not
replace or supersede its requirements.
Revisions to the Water Conservation Ordinance
June 9, 2009
Page 4
Timeline
MET has tied consumer reimbursement for many of its conservation products such as
artificial turf and "smart" irrigation timers (often hundreds of dollars) to the timely
adoption of this ordinance. Below is the timeline for review, comment and consideration
of the proposed Ordinance:
• June 9th — City Council holds first reading of the potential ordinance, receive
and make comments if appropriate.
• June 23rd - Council meeting — Public Hearing on the proposed ordinance and
Council considers for adoption.
• July 23rd — Effective date of ordinance.
• July 24th — The Municipal Water District of Orange County submits City's
Ordinance and Implementation Plan to MET.
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.
Alternatives:
The Council can decide to forgo adoption of the Ordinance as proposed; however, this
will result in the loss of conservation incentive funding from MET effective July 13t. The
Council may also provide comments and /or changes and direct staff to incorporate
those, however, this will delay adoption of the Ordinance past July 15t, at which time
conservation incentive funding will cease. Assuming a minimum of a two -week delay,
the earliest that funding could be reinstated would be August, 2009.
Prepared and Submitted by:
eo Mur och
Director
Attachments: Proposed Water Conservation Ordinance No. 09-
Implementation Plan
ATTACHMENT A
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 14.16, OF TITLE
4 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO WATER CONSERVATION AND SUPPLY
LEVEL REGULATIONS
The City Council of the City of Newport Beach does hereby ordain that certain Newport
Beach Municipal Code chapter is amended to read, in full, as follows:
SECTION 1: Chapter 14.16 is amended in its entirety 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 Prohibitions.
14.16.050
Water Supply Shortage Levels.
14.16.060
Declaration and Notification of Water Supply Shortage.
14.16.070
Demand Management
14.16.080
Relief from Compliance — Specified Situations
14.16.090
Relief from Compliance — Generally
14.16.100
Failure to Comply.
Section 14.16.010 Findings and Purpose.
A. The City of Newport Beach delivers water to its residents through a comprehensive
system of reservoirs, water mains and pipes. The water sold to residents comes
exclusively from sources outside of the City of Newport Beach. These sources are
shared by many water purveyors, and are not under the exclusive control of the City.
Southern California's demand for water is such that short-term drought may result in
significant reductions in allocations of water to the City of Newport Beach and extended
drought will result in drastic allocation reductions. Such allocation reductions, if they
occur, will require imposition of stringent measures to insure reduced consumption of
water within the City. This chapter provides a mechanism for quickly imposing
mandatory water conservation measures ranging from voluntary consumption
reductions to measures which restrict water usage to the minimum necessary for basic
human health and sanitation.
B. Continued population growth in California and Arizona will, over time, dramatically
reduce the amount of water available to the City. The ability of Newport Beach to
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provide its residents with adequate supplies of water is contingent upon implementation
Of a comprehensive water conservation and supply shortage program that, through
conservation, will reduce water consumption within the service area 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 to the greatest extent possible. This comprehensive
program seeks to blend implementation of drastic restrictions on consumption during
periods of drought with implementation of water conservation measures during periods
of normal rainfall to insure the highest beneficial use of the resource.
C. The adoption and enforcement of the water conservation and supply shortage
program set forth in this chapter 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. The program is essential to ensure a reliable and sustainable
minimum supply of water for the public health, safety and welfare. Mandatory
restrictions on water use and prohibition of activities that waste water, as well as the
penalties provided by this chapter, are the minimum controls necessary to insure
adequate supplies of water now and in the future. Penalties for excess consumption and
activities which waste water are necessary to insure the maximum beneficial use of an
extremely limited resource. Restrictions on the use of revenue derived from penalties
will insure the effective operation of the City's water system and the development of
new sources of water for the City.
D. The City's authority to impose the requirements of this chapter derives from
provisions of the Constitution and laws of the State of California including, but not
limited to:
1. Article X, Section 2, of the California Constitution, which 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 be prevented and that
conservation of water be fully exercised with a view to the reasonable and beneficial
use thereof.
2. California Water Code Section 375, which authorizes a water supplier to adopt and
enforce a comprehensive water conservation program to reduce water consumption and .
conserve supplies.
3. California Water Code Section 31027 which sets forth the public notification, public
meeting and public hearing requirements for water providers proposing the
establishment of a water conservation program, ordinance or resolution.
4. California Water Code Sections 350, et. seq., which sets forth the determination and
notification procedures for water suppliers seeking to declare a water shortage or a
water emergency.
5. California Water Code Section 356, which allows for the adoption of regulations and
restrictions that include discontinuance of service as an enforcement option where a
water shortage emergency condition has been declared.
6. California Water Code Section 377, which authorizes water suppliers to enforce a
comprehensive water conservation program to reduce potable water consumption
through establishment of noncompliance charges and other penalties, subject to
advance notification to water users.
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E. 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 14.16.015 Definitions.
For the purposes of this chapter, the following terms shall have the meanings set forth
below:
"City" shall mean the City of Newport Beach.
"Customer" shall mean any person, group of two or more persons, partnership,
corporation, trust, association or entity, receiving water service from the City.
"Excessive Flow or Runoff" shall mean frequent and/or large amounts of runoff from
irrigation and /or other outdoor water use.
"Fuel Modification Zone" shall mean a landscaped area where the combustible native
or ornamental vegetation has been modified and partially or totally replaced with
drought tolerant, fire retardant plants that are maintained per fire code guidelines.
"Person" shall mean any person, group of persons, corporation, partnership, trust or
business entity.
"Recycled Water" means water that has been reclaimed from non - potable water and/or
wastewater that is provided to customers for beneficial use, such as irrigation.
"Service Area" shall mean the portion of the City that is served by the water system of
the City. "Service Area" excludes territory not served by the City's water system that is
located within the boundaries of the Irvine Ranch Water District or the Mesa
Consolidated Water District.
"Single Pass Cooling System" means equipment where water is circulated only once to
cool equipment before being disposed.
"Water" shall mean potable water.
Section 14.16.030 Applicability.
The provisions of this section shall apply to all persons using water supplied by the City,
regardless of whether that person has a contract for water service, and shall apply to all
potable and recycled water supplied by the City. For the purpose of this chapter, the use
of water by a tenant, employee, agent, contractor, representative or person acting on
behalf of a customer, shall be imputed to the customer. For the purpose of this chapter
there shall be a presumption that water use within the service area consists of use of
water supplied by the City.
Section 14.16.040 Permanent Prohibitions.
A. No person shall use water supplied by the City in a manner contrary to the
restrictions imposed by any resolution adopted by the City Council pursuant to Section
14.16.060 of this Code.
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B. No person shall use water supplied by the City to water or irrigate a lawn or
ornamental landscape area with potable water using a landscape irrigation system or a
watering device that is neither continuously attended nor limited to no more than ten
(10) minutes of watering per day per station. This paragraph does not apply to
landscape irrigation systems that exclusively use very low -flow drip type irrigation
systems when 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.
C. No person shall use water supplied by the City to water or irrigate any lawn or
ornamental landscape area in a manner that causes or allows excessive water flow or
runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
D. No person shall use water supplied by the City to washdown hard or paved
surfaces, including but not limited to sidewalks, walkways, driveways, parking areas,
tennis courts, patios or alleys, is prohibited 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. Should sanitary reasons necessitate wash down activity, a water recovering
system shall be effectively utilized.
E. No person shall permit excessive use, loss or escape of water supplied by the
City 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 or, in any event, more than seven (7) days after receiving
notice from the City of such excessive use, loss or escape of water.
F. No person shall allow lawns, groundcover, shrubbery or other ornamental
landscape material to be watered with water supplied by the City at a time while it. is
raining. Automatic irrigation controllers must either be turned off manually or connected
to a properly functioning rain shut off device. Effective July 1, 2012 all irrigation
controllers attached to dedicated.landscape meters must have a rain shut- off device.
G. No person shall use water supplied by the City to operate a water fountain or
other decorative water feature that does not use recirculated water.
H. No person shall use water supplied by the to clean a vehicle, including but not
limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized
or not is prohibited, 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. This
paragraph does not apply to any commercial car washing facility that is equipped with
recirculating water systems or has received a waiver from the City.
I. Effective January 1, 2010 all new commercial conveyor car wash systems must
install operational recirculating water systems, or must have secured a waiver of this
requirement from the City pursuant to this chapter. By January 1, 2013, all existing car
wash systems must have installed operational recirculating water systems, or much
have secured a waiver of this requirement from the City.
J. No eating or drinking establishment, including but not limited to a restaurant,
hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or
offered for sale, shall use water provided by the City to providing drinking water to any
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person unless expressly requested
K. Hotels, motels and other commercial lodging establishments shall provide
customers the option of not having towels and linen laundered daily. Commercial
lodging establishments must prominently display notice of this option.
L. Installation of single pass cooling systems is prohibited in buildings requesting
new water service.
M. Effective January 1, 2010, all new washing machines installed in commercial
and /or coin- operated laundries must be ENERGY STAR® and CEE Tier III qualified. By
January 1, 2014, all washing machines installed in commercial and /or coin - operated
laundries must be ENERGY STAR® and CEE Tier III qualified.
N. No person may 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
specked project.
O. Any person using water provided by the City in conjunction with the operation of
a construction site must:
1. Use recycled or non - potable water when available.
2. Use only of recycled or non - potable water soil compaction or dust control where
a reasonably- available source of such water exists that has been approved by the
Department of Public Health as appropriate for such use.
3. Equip water hoses with automatic shut -off nozzles, where such devices are
available for the size and type of hoses in use.
P. Upon notice from the City that a use of water provided by the City but not
otherwise prohibited by the article constitutes an indiscriminate use of water that is
wasteful and without reasonable purpose, no person shall continue such indiscriminate
use.
Q. The following requirements apply to kitchens in food preparation establishments,
such as restaurants, cafes and hotels, that use water provided by the City: :
1. Effective January 1, 2010 all new or remodeled commercial kitchen must be
equipped with water - efficient pre -rinse kitchen spray valves that use 1.6 gallons of water
or less per minute.
2. All water -using equipment in new or remodeled commercial kitchens must use
the best - available, water - conserving technology, such as, but not limited to technologies
cited on the California Urban Water Conservation Council (CUWCC) website.
3. Defrosting food with running water is prohibited.
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
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self - closing nozzles.
6. Effective January 1, 2012, existing kitchen spray valves must be retrofitted to
models using 1.6 gallons of water or less per minute.
Section 14.16.050 Water Supply Shortage Levels.
A. When the Utilities Director determines that, due to drought or other water supply
conditions, a water supply shortage or threatened shortage exists and a consumer
demand reduction is necessary to make more efficient use of water and appropriately
respond to existing water conditions, the Utilities Director shall recommend that the City
Council declare a water supply shortage to exist at one of the levels set forth in this
section.
B. A "Level One Shortage (Shortage Warning)" exists when there is any supply
shortage or threatened shortage not in excess of 10 %. When this level of shortage
been declared, all persons using water supplied by the City must, to the extent set forth
by the City Council in its resolution declaring the water supply shortage:
1. Reduce irrigation of lawns and ornamental landscape to no more than four (4)
days per week. food crops are exempt from this provision.
2. Repair all irrigation water leaks
3. Refill fountains, pools and water features no more than once per week.
C. A "Level Two Shortage (Significant Shortage Condition)" exists when there is a
supply shortage or threatened shortage in excess of 10% but no more than 25 %.
When this level of shortage been declared, all persons using water supplied by the City
must, to the extent set forth by the City Council in its resolution declaring the water
supply shortage:
1. Reduce watering of lawns and ornamental landscape to no more than three (3)
days per week. Food crops may be watered no more than five (5) days per week.
2. Reduce indoor and outdoor water consumption by 11 -25 percent from usage
during a base period defined by Council resolution.
3. Refill fountains, pools and water features no more than once every other week or
no more than once every week if the water feature is a pond with fish.
D. A "Level Three Shortage (Severe Shortage)" exists when there is a supply
shortage or threatened shortage in excess of 25% but no more than 40 %. When this
level of shortage been declared, all persons using water supplied by the City must, to
the extent set forth by the City Council in its resolution declaring the water supply
shortage:
1. Reduce watering of lawns and ornamental landscape to no more than one (1)
day per week. Food crops may be watered no more than three (3) days per week.
2. Reduce indoor and outdoor water consumption by a total of 26 -40 percent from
usage during a base period defined by Council resolution..
3. Abstain from filling fountains, pools and water features, other than ponds with
fish, which may be filled once per week.
E. A "Level Four Shortage (Crisis Shortage)" exists when there is a supply shortage
or threatened shortage in excess of 40 %. When this level of shortage been declared,
all persons using water supplied by the City must, to the extent set forth by the City
Council in its resolution declaring the water supply shortage, abstain from watering or
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irrigating of lawns, landscape or other vegetated area with potable water. 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, 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 subject to the
hour restrictions in Section VI(a);
2. Maintenance of existing landscape necessary for fire protection;
3. Maintenance of existing landscape 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) days per week;
6. Public works projects and actively irrigated environmental mitigation projects.
7. Food crops (including fruit trees and vegetable gardens), subject to rights relating
to local wells.
F. Upon declaration of a Level Four Crisis Shortage condition, no new potable water
service will be provided, no new temporary meters or permanent meters will be
provided, and no statements of immediate ability to serve or provide potable water.
service will be issued, except under the following circumstances:
L A valid, unexpired building permit has been issued for the project; or
ii. The project is necessary to protect the public health, safety, and welfare; or
iii. The applicant provides substantial evidence of an enforceable commitment that
water demands for the project will be offset prior to the provision of a new water
meter(s) to the satisfaction of the Utilities Director or designee.
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.
G. Any restrictions imposed in connection with a water shortage level is in addition
to the requirements otherwise imposed by Section 14.16.040 of this code.
Section 14.16.060 Declaration and Notification of Water Supply Shortage.
The existence of Level 1, Level 2, Level 3 or Level 4 Water Supply Shortage conditions
shall be declared by Council resolution, adopted at a regular or special public meeting.
The mandatory conservation requirements set forth in the resolution will take effect on
the tenth day after the date the shortage level is declared. Notification procedures shall
be in accordance with section 1301 of the City Charter.
A resolution implementing a water conservation level shall remain in full force and effect
until repealed by the City Council, or until a subsequent resolution implementing a
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different conservation phase becomes effective.
The Utilities Director shall, subsequent to the adoption of a resolution implementing any
water conservation phase, provide periodic reports to the City Council regarding
compliance with the requirements of the water conservation phase, current and
anticipated allocations of water from MWD, and any change in circumstances that could
warrant a position of more stringent measures or relaxation of measures then in effect.
Section 14.16.070 Demand Management.
When a water supply shortage is declared to exist by Council Resolution, limits to water
consumption may be established on a per parcel basis which limits amount of water to
that which is reasonable and sustainable for the customers needs.
Section 14.16.080 Relief from Compliance — Specified Situations
A. The provisions of this chapter shall not apply to the following activities of a public
entity:
The filling, operation and maintenance of a swimming pool open to the public.
2. 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;
however, recycled water will be used where feasible.
B. The restrictions requiring reduction of consumption, as authorized by Section
14.16.050, shall not apply to the following activities:
1. The restrictions put in effect by Council resolution requiring the reduction of
consumption shall not be applicable to 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 Marshall shall grant only that exemption
necessary to mitigate the impacts of participation in the Fuel Modification Zone program
such as the need to irrigate replacement vegetation.
2. The restrictions put in effect by Council resolution requiring the reduction of
consumption shall not be applicable to hospitals, other medical care facilities, nurseries,
other businesses whose main stock and trade consists of plants and vegetation or
businesses where water consumption is integral in production or manufacturing,
provided that these types of businesses submit a water conservation plan to, and obtain
the approval of such plan from, the Utilities Director or designee. The Utilities Director or
designee shall approve a water conservation plan submitted pursuant to this paragraph
only if the plan proposes the maximum feasible reduction in consumption. This relief
from compliance shall apply only while the business complies with the approved water
conservation plan. Such relief shall not extend to potable watering of landscaped areas.
3. The restrictions put in effect by Council resolution requiring the reduction of
consumption shall not be applicable to any car wash, auto detailer, or similar business
that has submitted a water conservation plan and has applied for and received approval
of, an exemption from the Utilities Director or designee. The Utilities Director or
designee shall approve an exemption only if the water conservation plan provides for
recirculation or recycling of water or otherwise proposes the maximum feasible
reduction in consumption. This relief from compliance shall apply only while the
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business complies with the water conservation plan. For fixed facilities, such relief shall
not extend to potable watering of landscaped areas.
C. The Utilities Director or designee shall notify the customer of the decision on an
application for relief pursuant to this section by mailing notice of the decision to the
customer, first class, postage prepaid, to the address specified on the application. The
decision of the Utilities Director or designee shall be final.
D. The Utilities Director or designee may require the use of water conservation
devices or practices as deemed appropriate as a condition of an approved exemption.
Section 14.16.090 Relief from Compliance — Generally
A. 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 achieve the additional reductions required by this chapter. This section
recognizes that base adjustments may be necessary to insure that application of this
chapter to any particular customer does not produce unjust or inequitable results. As a
general rule, the Utilities Director should not grant relief to any customer for any reason
in the absence of a showing that the customer has achieved the maximum practical
reduction in water consumption other than in the specific area or areas for which relief is
requested.
B. Procedures. An application for relief from the provisions of this chapter may be
filed by any customer with the Utilities Director. The application shall be submitted on a
form supplied by the Utilities Division. The application must be filed within ninety (90)
days after the effective date of this chapter or ninety (90) days after the declaration by
the City Council of a water shortage, whichever shall occur last. The Utilities Director
shall approve or disapprove the application for relief within thirty (30) days after it is filed
and deemed complete.
C. Factors. In determining whether relief should be granted, the Utilities Director
shall consider all relevant factors including, but not limited to, the following:
1. Whether compliance with the consumption and reduction provisions then in effect
would result in unemployment or layoff of workers;
2. Whether additional persons are living or working in the structure or structures
served by the meter or meters for which customer is responsible;
3. Whether customer had, during all or a portion of the base period, reduced
consumption from prior years through the use of water conservation practices;
4. Whether any current or anticipated increase in production or manufacturing will
require additional water;
5. The extent to which irrigation or watering of landscaping has been made
necessary by compliance with fuel load modification programs;
6. The extent to which customer needs to use water to mitigate any emergency
health or safety hazards;
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g. The absence of one or more persons from the structure or structures served by
the meter during all or a portion of the base period;
D. Agreement. The Utilities Director is empowered to enter into an agreement with
any customer to resolve the application for relief. The agreement shall be memorialized
in a writing signed by the customer. The agreement shall fix the rights of the customer
and the City. The 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 customer of the decision on
the application for relief by mailing notice of the decision to the customer, first class,
postage prepaid, to the address specified on the application. The decision of the Utilities
Director shall be final.
F. 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
paragraph shall be considered a misdemeanor.
Section 14.16.100 Failure to Comply.
The Utilities Director shall develop an Implementation Plan to be used as a guideline for
enforcing the provisions of this Ordinance. Such Implementation Plan shall provide the
staffing and equipment resources required to ensure the fair and timely execution of
these requirements, as well as the detailed execution strategy. At the discretion of the
Utilities Director, the following actions may be taken:
a) Notice of Warning. For a first violation of any of the provisions of this Ordinance,
the Utilities Director or designee shall issue a written Notice of Warning to the customer.
A Notice of Warning may include one or multiple first violations of provisions, and along
with the Notice of Warning a customer will be issued a copy of the Ordinance and will
be considered as having been given constructive notice of all Ordinance requirements.
Any future violations, even if not included in the Notice of Warning, will not be
considered first violations due to the constructive notice issued the customer upon
receipt of the Notice of Warning.
b) Continuing Non - Compliance. In the event compliance is not achieved and
maintained, the City may use any or all of its enforcement options in securing
compliance with the Ordinance and multiple enforcement options may be used to
achieve compliance with respect to persons who commit continuing violations. A
separate offense shall be deemed to have been committed whenever a person repeats
the act that constitutes the violation.
c) A penalty not exceeding one hundred dollars ($100.00) may be charged on a
customers water bill for each violation in a calendar year after the first occurring during
a calendar year.
d) In addition to any other penalty, the City may install a water flow restrictor device
of approximately one gallon per minute capacity for services up to one and one -half inch
size and comparatively sized restrictors for larger services after written notice of intent
to install a flow restrictor for a minimum of forty-eight (48) hours.
e) In addition to any penalties and/or the installation of a water flow restrictor, the
City may disconnect a customer's water service for willful violations of mandatory
Page 10 of 12
restrictions in this chapter.
f) Upon the imposition of any penalties pursuant to this section; notice shall be
given of the penalty the right to a hearing to contest the validity of any such penalty.
Notice shall be deemed given when personally delivered to the customer or person
subject to the penalty or when such notice is deposited in the United States mail, first
class postage prepaid, and addressed in the same manner as normal water billings.
Notices relative to the violation of water consumption reduction requirements imposed
as part of a declared water shortage level by may be given by specifying the violation,,
the facts supporting the violation, and the customer's right to a hearing in a conspicuous
place on the first water bill sent to the customer for the billing period during which the
violation occurred. If the penalty assessed is, or includes, the installation of a flow
restrictor or the termination of water service, notice of the violation shall, in addition to
that specified above, be posted in a conspicuous place on the property served by the
meter or meters which recorded the excessive consumption or were connected to the
facility from which water was illegally discharged.
g) Any customer against whom a penalty is levied pursuant to this section shall
have a right to hearing. The customer shall be entitled to be represented by an
individual of their choice, to present oral and documentary evidence in support of their
appeal, and to review and comment on all evidence offered to establish the violation.
h) In addition to any other penalty provided for in this section, any person violating
any of the provisions or failing to comply with any of the mandatory requirements of this
Ordinance may be prosecuted for an infraction. Written citations for infractions may
issued by police officers or nonsafety employees designated in Section 1.12.020 of the
Municipal Code. Any person convicted of an infraction under the provisions of this Code
shall be punishable as follows:
1. A fine not exceeding one hundred dollars ($100.00) for a first infraction of the
Ordinance;
2. A fine not exceeding two hundred dollars ($200.00) for a second infraction of the
Ordinance within one year,
3. A fine not exceeding five hundred dollars ($500.00) for each additional infraction of
the Ordinance within one year.
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.\
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
Page 11 of 12
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
k is
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
ATTEST:
CITY CLERK
Page 12 of 12
ATTACHMENT B
CITY OF NEWPORT BEACH
WATER CONSERVATION
AND SUPPLY LEVEL
REGULATIONS
IMPLEMENTATION PLAN
Utilities Department
Table of Contents
SECTION 1 INTRODUCTION
1.1 Background
1.2 Study Purpose
SECTION 2 ORDINANCE REQUIREMENTS
2.1 Drought Response Level 1— Shortage Warning
2.2 Drought Response Level 2 — Significant Shortage
2.3 Drought Response Level 3 — Severe Shortage
2.4 Drought Response Level 4 — Crisis Shortage
SECTION 3 PRE - IMPLEMENTATION MEASURES
3.1 Drought Response Task Force
3.2 Drought Response Procedures
3.2.1. Leven Procedures
3.2.2. Level 2 Procedures
3.2.3. Level 3 Procedures
3.2.4. Level 4 Procedures
3.2.5. Hardship Variance Procedures
3.2.6. Violations and Penalties Procedures
3.3 Targeted User Reductions Program
3.4 Schedule
1
1
2
2
3
3
4
4
4
5
5
6
7
7
8
8
8
r.
V
ii
SECTION i 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 particularly affected by both local and distant
droughts beginning with the 1976 -77 drought; when the Metropolitan Water District of
Southern California (MEr) first experienced demand for water exceeding Supply.2
The first regional drought management plan was proposed and implemented by MET in
1981. The plan was comprised of a rate schedule that would encourage conservation and
the identification of "interruptible" water — deliveries that could be interrupted for a period of
time in the event of a drought.
After the 1987 -1992 drought, MET proposed expanded drought plans that were significantly
more complex in how they allocated available water. Reductions to both interruptible and
non - interruptible water deliveries were identified, pricing incentives for conservation (Best
Management Practices) were added and a coordinated public information program was
developed. Additionally, the State established the Drought Water Bank, and provided water
to MET from it. Since 1995, drought planning has been a part of integrated resources
planning — along with the realization that environmental, political and economic impacts
could affect the water supply as much as a drought.
This concern was realized when a "perfect storm" of events has resulted in mandatory
cutbacks to the City's residential and commercial customers. The combined effects of
legislation that required diverting 800,000 acre feet per year (af /y) of Central Valley Project
water, a 2007 judicial action that required limits on pumping from the Sacramento /San
Joaquin Delta, and three years of below normal rainfall /snowmelt, combined to reduce the
current Delta supply to Southern California from an average year of 600,000 thousand acre
feet (taf) down to 250,000 taf.3 In response, on April 14, 2009, the MET Board of Directors
instituted a 15% reduction in the allocation of water it will supply to its member agencies
(including the City).
The Nationallntegrated Droughtlnfonrration System Implementation Plan, June 2007 The National Drought Policy
Commission. Pg. ii.
Z Drought Management Plan, May1006. San Diego County Water Authority Water Resources Department. Pg. 15
3 Metrapo /ifan Water District ofSouU�em Ca /ifomia. Presentation to Use Board ofDi�ectors Anri/14 2009.
1
Although MET water represents only 32% 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, they immediately implement a drought plan.
1.2 PURPOSE OF DROUGHT IMPLEMENTATION PLAN
In order to address both the water supply shortage issue and the revenue impacts that will
result from the resulting decrease in water sales, the City is proposing to take several
significant actions.
The City is in the process of adopting an updated Water Conservation Ordinance which will
amend City Code Chapter 14.16, Water Conservation and Supply Level Regulations to reflect
MIT recommendations for reducing water demand. The Ordinance establishes regulations
to be implemented during declared water emergencies, including four "Drought Response
Levels" that require customers to voluntarily reduce their water use from a minimum of 100/0
(Level 1) to a mandatory 41% or more reduction (Level 4).
The other significant action that the City is currently considering is the implementation of a
tiered rate structure that would mitigate revenue losses, while not punishing those who have
already been conserving water. The rate structure would be geared towards reducing
demand by charging higher prices for water use over an average amount.
The purpose of this Plan is to provide specific recommendations and actions the City should
take after implementing both the Ordinance and the proposed Rate Structure.
SECTION 2 ORDINANCE REQUIREMENTS
As noted in the previous Section, the proposed Water Conservation Ordinance contains the
regulations that will be used to ensure that adequate supplies of water are available to meet
the health, safety and welfare needs of the public. The Ordinance recognizes that indoor
water use reductions may have been maximized through conservation measures already
instituted, and that the burden of future reductions will fall primarily on outdoor use
reductions /restrictions.
The Ordinance establishes sixteen (16) permanent prohibitions on water use. These are
summarized as follows:
1. No landscape irrigation longer than 10 minutes per station per day
2. No excessive water flow or runoff
3. No washing down hard or paved surfaces
4. Leaks, breaks, malfunctions must be repaired within seven (7) days of notice
5. No watering during rainfall (after 7/1/2012, must have automatic rain sensor shufoff)
The other 62% (in 2009) of the City's water supply comes from groundwater supplies.
6. Recirculating water required for ornamental water fountains and decorative water
features
7. Limits on washing vehicles
B. Recirculating water required for commercial car washes after 1/1/2010
9. Drinking water served upon request in restaurants
10.0ptional daily towel and linen laundering at lodging establishments
11. No single pass cooling systems
12. Water conserving washing machines required at commercial laundries after 1/1/2010
13. No unauthorized use of fire hydrants (water theft violation)
14. Construction site requirements to limit water use
15. Indiscriminate water use prohibited
16.Commercial kitchen requirements to limit water use (1/1/2010 for new kitchens,
1/1/2012 for retrofit)
In addition to provisions for hardship variances and violations and penalties, the Ordinance .
outlines four drought response conditions and the conservations practices that will be
implemented under each level. The following sections list the primary requirements of each
level.
2.1 DROUGHT RESPONSE LEVEL 1 - SHORTAGE WARNING
Upon notification by MET and /or the Municipal Water District of Orange County (MWDOC) of
supply shortages, a voluntary consumer demand reduction of. 10% will be requested. In
order to achieve this, the City will increase public outreach and awareness in order to
implement Level I conservation practices:
• Restricts residential and commercial irrigation to no more than four (4) days per
week.
• Requires immediate repair of all water leaks
• Fountains, pools and water features can be refilled no more than once per week
2.2 DROUGHT RESPONSE LEVEL 2 - SIGNIFICANT SHORTAGE
Upon notification by MET and /or MWDOC, a mandatory consumer reduction of between 11-
25% will be required. In addition to the existing Level 1 requirements, the City will
implement the following Level 2 conservation practices:
• Irrigation of lawns and ornamental landscape is reduced to no more than three (3)
days per week; food crops can be watered no more than five (5) days per week.
• Indoor and outdoor water consumption must be reduced by between 11 -25 %.
• Fountains, pools and water features can be refilled no more than once every other
week; ponds with fish can be filled once per week.
2.3 DROUGHT RESPONSE LEVEL 3 - SEVERE SHORTAGE
Upon notification by MET and /or MWDOC, a mandatory consumer reduction of between 26-
40% will be required. In addition to the existing Level 1 and Level 2 requirements, the City
will implement the following Level 3 conservation practices:
• Irrigation of lawns and ornamental landscape is reduced to no more than one (1) day
per week; food crops can be watered no more than three (3) days per week.
■ Indoor and outdoor water consumption must be reduced by between 26 -40 %.
■ Fountains, pools, spas and other water features are prohibited from being refilled;
ponds with fish can be filled once per week.
2.4 DROUGHT RESPONSE LEVEL 4 - CRISIS SHORTAGE
Upon notification by MET and /or MWDOC, a mandatory consumer reduction of more than
40% will be required. In addition to the existing Level 1, 2 and 3 requirements, the City will
implement the following Level 4 conservation practices:
■ Stop all Irrigation of lawns and ornamental landscape; food crops can be watered one
(1) day subject to reserved rights relating to local wells.
■ No new potable water service, temporary or permanent will be allowed.
• No statements of ability to serve or provide potable water will be issued except for
valid building permits, for projects necessary for public health, safety and welfare or
for projects with an enforceable commitment.
SECTION 3 PRE - IMPLEMENTATION MEASURES
While the Utilities Department's Mission Statement will be fundamentally unchanged, the
implementation of most of the Drought Response Levels contained in the Water
Conservation Ordinance will require the City's Council, management and staff to undergo a
cultural change for an unknown period of time.
For most of the past 100 years, the City has provided water with few limitations, and indeed,
Level 1 restrictions are voluntary and relatively easy to implement. However, if the
implementation of Level 2 is required, increasingly punitive disincentives to water use — by
means that include monetary penalties and command and control measures — will be
necessary. The process of identifying, prioritizing, and achieving strategic objectives by
exercising authority and direction over customers will be unfamiliar to many City employees,
and uncomfortable to some. Similarly, the City's customers are used to a service- oriented
relationship with the City, and will be uneasy about the `policing' aspect that underlies some
of the mandatory conservation practices — particularly those in Levels 3 and 4.
It is important, therefore, to realize that along with the managerial and organizational tasks
that will be discussed below, the need for straight - forward and frequent communication
between all parties is critical.
3.1 DROUGHT RESPONSE TASK FORCE
The first pre - implementation activity is the establishment of a Drought Response Task Force
by the Utilities Director (UD). The will UD chair the task force and include the Operations
Manager and the supervisors from each division along with at least one rank- and -file
member of each division. The inclusion of the rank - and -file member is two -fold: 1) their
extensive practical and hands -on knowledge of the system and customers will be an
important source of information during the decision - making process and, 2) information
regarding task force activities will be disseminated quickly and regularly among all
employees.
The UD 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 Drought Response Procedures (see Section 3.2).
Initial meetings will be held weekly and limited to no more than one hour in duration; more
frequent or longer meetings will be held at the discretion of the UD. 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 list will also be posted in a
place it can be viewed by all employees, and provided to them via departmental email.
The Assistant City Manager will also liaise directly with UD and the Task Force by being
provided a copy of the action items and attending meetings if desired.
3.2 DROUGHT RESPONSE PROCEDURES
The primary objective of the Drought Response Task Force is to create the "Drought
Response Procedures" — a notebook that includes detailed procedures developed by the task
force that will be used to implement the Ordinance. Examples of these procedures include:
1) development of a volunteer inspection corps to identify Ordinance non - compliance, 2) a
car -wash certification procedure that verifies that a car wash uses a high pressure /low
volume wash system 3) training program oriented to responding to customer outrage due to
billing increases or enforcement of irrigation limitations, 4) the availability and distribution of
water conservation items including table tents for restaurants, laundering reminders for
lodging establishments. A complete list of these procedures is presented in the following
sections.
All of the Level procedures will be produced prior to implementation of Level 1. Even if
mandatory cutbacks of greater than 40% are not anticipated in the first year, it is important
to address the situation during the pre - implementation stage so that the maximum
opportunity is provided for planning, organizing, training and discussion of unintended
consequences (e.g., early retirement may be triggered among some employees who don't
want to be involved in Level 3 or 4 cutbacks; Board members and managers water use will
be examined by the media, resulting in embarrassment if they don't achieve water
reductions required of others), and how to mitigate these consequences.
3.2.1. Levels Procedures
The Level 1 demand reduction of 10% is to be achieved by voluntary measures,
accomplished primarily through increased public outreach and awareness. The suggested
procedures for Level 1 include:
• Public Information Plan (PIP1) that includes increased public outreach (over existing
levels) of the permanent prohibitions, conservation information availability,
conservation device availability, and the drought rate structure. This effort may
include joint efforts with other agencies /organizations ( MWDOC, MET, ACWA);
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. The PIPlan also includes notification of leak repair time
deadline.
• Website Maintenance /Update Plan that identifies information that will be updated on
a daily basis, information that will be updated on a weekly basis, and on a monthly
basis.
• Internal Information Plan that includes a regular method of distributing Task Force
information to the City Council and other City staff in the form of a specific bulletin
targeted towards them. The PIP will also incorporate opportunities from employees
to ask questions and provide feedback, particularly if they aren't part of the task
force.
• Preparation of a Drought Rate Structure Implementation Plan that is coordinated with
the Public Information Plan.
• Development of a targeted user reduction program (See Section 3.3).
• Assess Conservation BMP Program and determine if targeted expansion is appropriate
(i.e., increase promotion of artificial grass and "smart" controllers).
• Production (or obtain from MWDOC /MET if available) of targeted educational
materials (Flyers, bookmarks, refrigerator magnets, etc.) that specifically list Level 1
Conservation Practices /Prohibitions and any other outdoor water use conservation
practice (mulching, pruning) that isn't covered in the other practices
• Production of a list of compliant equipment (positive shutoff nozzles, conservation
sprinkler heads).
• Production of (or obtain from MWDOC /MET if available) restaurant table tents (listing
water conservation practices, including no glass of water unless requested) and
laundry reminder cards for lodging establishments (listing water conservation
practices like stopping water when brushing teeth and no daily laundering of linens).
• Common water leak repair instructions (w /illustrations) and procedures for requesting
repair deadline extensions from UD.
• Coordination with other agencies for use of recycled water for construction projects, if
available.
• Customer service training including effective techniques for handling aggressive
callers, such as controlling, outraged, and threatening customers.
• Establishment of the Zanjero Program (See Section 3.4).
• Develop car wash certification program that provides a placard car washes can
display that show they meet recirculation requirements.
• Identification of most vulnerable economic and social sectors and mitigation plan.
■ Establish monitoring and evaluation criteria and reports produced on a daily basis.
This procedure includes developing reports that provide information on daily
production and distribution, reduced usage, system pressure and peak demand,
reservoir levels and peak demand, progress towards meeting goals, financial
information /impacts /forecasts and analysis of which conservation efforts appear to be
the most effective.
• The UD will review the PIP1 and all measures with the City Manager prior to
implementation.
3.2.2. Level 2 Procedures
The Level 2 demand reduction of 20% is to be achieved by mandatory measures,
accomplished primarily through irrigation reductions and public outreach and enforcement.
The suggested procedures for Level 2 include those listed for Level 1 as well as those listed
below:
• Residential and commercial landscape irrigation schedules developed for residents
and commercial businesses. These schedules should be developed in close
coordination with the Production Division so that they can maximize reservoir
operation and energy management. An easy to remember system will be developed
consisting of: if your address ends in an odd number, you water Monday, Wednesday,
Friday, and if an even number you water Tuesday, Thursday, Saturday.
• Public Information Plan (PIP2) developed for notifying customers of irrigation
schedules, irrigation time and non - automatic irrigation system limitations. Plan
should also include identification of water - efficient devices that are exempt from 10
minute limitation, water leak repair deadline, and notification of ornamental fountain
limitations.
• The UD will review the PIP2 and any other measures with the City Manager prior to
implementation.
3.2.3. Level 3 Procedures
The Level 3 demand reduction of up to 40% is to be achieved by mandatory measures,
accomplished primarily through further irrigation reductions. The suggested procedures for
Level 3 include those listed for Levels 1 and 2 as well as those listed below:
• Revised residential and commercial landscape irrigation schedules developed for the
City. These schedules should be developed in close coordination with the Production
Division so that they can maximize reservoir operation and energy management.
• Development of a method for establishing water allocation limits on a property. The
method will not penalize customers that have already been implementing
conservation methods or the installation of water saving devices.
• Enforcement of penalties for using water in excess of the allocation established by
the City.
• Public Information Plan (PIPS) developed for notifying customers of revised irrigation
schedules, irrigation time and non - automatic irrigation system limitations. PIP3 will
also include notification of water allocation limits method and potential for penalties
due to exceeding the allocation limit; notification of the prohibition on filling or
refilling fountains, pools, spas and other water features.
• The UD will review the PIP3 and all measures with the City Manager prior to
implementation.
3.2.4. Level 4 Procedures
The Level 4 demand reduction of more than 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 requirement.
• Public Information Plan (PIP4) developed for notifying customers of revised irrigation
schedules, irrigation time and non - automatic irrigation system limitations. PIP4 will
also reinforce prior notifications including water allocation limits method and potential
for penalties due to exceeding the allocation limit; the cessation of new water service,
new temporary or permanent meters, and issuance of permits, will - service letters; the
ability of the City to establish a water allocation limit for any property, and the levying
of fines for exceeding the water allocation limit.
• The LID will review the PIP4 and all measures with the City Manager prior to
implementation.
3.2.5. Hardship Variance Procedures
Many of the requirements for the implementation of this element have been detailed in the
Ordinance, however the task force should develop examples of "undue hardship" to a
customer. For example, if this encompasses financial reasons, guidelines will be developed
for reviewing financial information and defining what criteria define "financial hardship ".
Hardship variances will be carefully scrutinized and minimally granted so that equitable
impacts are experienced by customers. These Variance Procedures will be reviewed by the
City Manager prior to implementation.
Variance forms that include the relevant section of the Ordinance (including appeal
provisions) will also be developed and staff — particularly customer service and accounts
receivable staff — briefed on this section.
3.2.6. Violations and Penalties 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.
Violation Notices will be developed in coordination with the Code Enforcement Department in
order to actually implement the fines outlined in the Ordinance. The signature of the UD 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 than the current
water audit/survey process provides.
A sub -task force of certified water auditors will be appointed to identify the best prospects
and develop a schedule and procedures for maximizing the physical inspection and
education of the customer.
Similar to the overall monitoring and evaluation procedures, targeted user monitoring and
evaluation procedures and reports will be developed. Public recognition of these customer's
effective efforts to reduce water usage should be included in all of the Public Information
Plans.
3.4 SCHEDULE
At a minimum, the City will evaluate expediting the development of the detailed portions of
this Plan that have been discussed in the previous sections, particularly the establishment of
the Drought Task Force.
Agenda Item No. 21
June 9, 2009
ATTACHMENT A
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 14.16, OF TITLE
14 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO WATER CONSERVATION AND SUPPLY
LEVEL REGULATIONS
The City Council of the City of Newport Beach does hereby ordain that certain Newport
Beach Municipal Code chapter is amended to read, in full, as follows:
SECTION 1: Chapter 14.16 is amended in its entirety to read as follows:
SECTIONS
14.16.010
Findings and Purpose.
14.16.020
Definitions.
14.16.030
Applicability.
14.16.040
Permanent Prohibitions.
14.16.050
Water Supply Shortage Levels.
14.16.060
Declaration and Notification of Water Supply Shortage.
14.16.070
Demand Management.
14.16.080
Relief from Compliance — Specified Situations.
14.16.090
Relief from Compliance — Generally.
14.16.100
Failure to Comply.
Section 14.16.010 Findings and Purpose.
A. The City of Newport Beach delivers water to its residents and businesses
through a comprehensive system of reservoirs, water mains and pipes. The
water sold to residents comes exclusively from sources outside of the City of
Newport Beach. These sources are shared by many water purveyors, and are
not under the exclusive control of the City. Southern California's demand for
water is such that short-term drought may result in significant reductions in
allocations of water to the City of Newport Beach and extended drought will result
in drastic allocation reductions. Such allocation reductions, if they occur, will
require imposition of stringent measures to insure reduced consumption of water
within the City. This Chapter provides a mechanism for quickly imposing
mandatory water conservation measures ranging from voluntary consumption
reductions to measures which restrict water usage to the minimum necessary for
basic human health and sanitation.
Page 1 of 15
B. Continued population growth in California and Arizona will, over time,
dramatically reduce the amount of water available to the City. The ability of
Newport Beach to provide its residents with adequate supply of water is
contingent upon implementation of a comprehensive water conservation and
supply shortage program that, through conservation, will reduce water
consumption within the service area 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 to the greatest extent possible. This comprehensive water
program seeks to blend implementation of drastic restrictions on consumption
during periods of drought with implementation of water conservation measures
during periods of normal rainfall to insure the highest beneficial use of the
resource.
C. The adoption and enforcement of the water conservation and supply shortage
program set forth in this Chapter 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 program within the City's service area. The supply shortage program is
essential to ensure a reliable and sustainable minimum supply of water for the
public health, safety and welfare. Mandatory restrictions on water use and
prohibition of activities that waste water, as well as the penalties provided by this
Chapter are, the minimum controls necessary to insure adequate supplies of
water now and in the future. Penalties for excess consumption and activities
which waste water are necessary to insure the maximum beneficial use of an
extremely limited resource. Restrictions on the use of revenue derived from
penalties will insure the effective operation of the City's water system and the
development of new sources of water for the City.
D. The City's authority to impose the requirements of this Chapter derives from
provisions of the Constitution and laws of the State of California including, but not
limited to:
1. Article X, Section 2, of the California Constitution, which 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 be
prevented and that conservation of water be fully exercised with a view to
the reasonable and beneficial use thereof.
2. California Water Code Section 375, which authorizes a water supplier to
adopt and enforce a comprehensive water conservation program to
reduce water consumption and conserve supplies.
3. California Water Code Section 31027 which sets forth the public
notification, public meeting and public hearing requirements for water
providers proposing the establishment of a water conservation program,
ordinance or resolution.
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4. California Water Code Section 350, et. seq., which sets forth the
determination and notification procedures for water suppliers seeking to
declare a water shortage or a water emergency.
5. California Water Code Section 356, which allows for the adoption of
regulations and restrictions that include discontinuance of service as an
enforcement option where a water shortage emergency condition has
been declared.
6. California Water Code Section 377, which authorizes water suppliers to
enforce a comprehensive water conservation program to reduce potable
water consumption through establishment of noncompliance charges and
other penalties, subject to advance notification to water users.
E. 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 water shortage program.
Section 14.16.015 Definitions.
For the purposes of this Chapter, the following terms shall have the meanings set forth
below:
"City" shall mean the City of Newport Beach.
"Customer" shall mean any person, group of two or more persons, partnership,
corporation, trust, association or entity, receiving water service from the City.
"Excessive Flow or Runoff" shall mean frequent and /or large amounts of runoff from
irrigation and /or other outdoor water use.
"Fuel Modification Zone" shall mean a landscaped area where the combustible native or
ornamental vegetation has been modified and partially or totally replaced with drought
tolerant, fire retardant plants that are maintained per California fire code guidelines.
"Person" shall mean any person, group of persons, corporation, partnership, trust or
business entity.
"Recycled Water" shall mean water that has been reclaimed from non - potable water
and /or wastewater that is provided to customers for beneficial use, such as irrigation.
"Service Area" shall mean the portion of the City that is served by the water system of
the City. "Service Area" excludes territory not served by the City's water system that is
located within the boundaries of the Irvine Ranch Water District or the Mesa
Consolidated Water District.
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"Single Pass Cooling System" shall mean equipment where water is circulated only
once to cool equipment before being disposed.
"Water" shall mean potable water.
Section 14.16.030 Applicability.
The provisions of this section shall apply to all persons using water supplied by the City,
regardless of whether that person has a contract for water service, and shall apply to all
potable and recycled water supplied by the City. For the purpose of this chapter, the use
of water by a tenant, employee, agent, contractor, representative or person acting on
behalf of a customer, shall be imputed to the customer. For the purpose of this chapter
there shall be a presumption that water use within the service area consists of use of
water supplied by the City.
Section 14.16.040 Permanent Prohibitions.
A. No person shall use water supplied by the City in a manner contrary to the
restrictions imposed by any resolution adopted by the City Council pursuant to
Section 14.16.060 of this Code.
B. No person shall use water supplied by the City to water or irrigate a lawn or
ornamental landscape area with potable water using a landscape irrigation
system or a watering device that is neither continuously attended nor limited to
no more than ten (10) minutes of watering per day per station. This paragraph
does not apply to landscape irrigation systems that exclusively use very low -flow
drip type irrigation systems when no emitter produces more than two (2) gallons
of water per hour or weather based controllers or stream rotor sprinklers that
meet a 70% efficiency standard.
C. No person shall use water supplied by the City to water or irrigate any lawn or
ornamental landscape area in a manner that causes or allows excessive water
flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is
prohibited.
D. No person shall use water supplied by the City to washdown hard or paved
surfaces including, but not limited, to sidewalks, walkways, driveways, parking
areas, recreational courts, patios or alleys, is prohibited 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. Should sanitary
reasons necessitate wash down activity, a water recovering system shall be
effectively utilized.
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E. No person shall permit excessive use, loss or escape of water supplied by the
City 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 or, in any event, more than seven (7)
calendar days after receiving written notice from the City of such excessive use,
loss or escape of water.
F. No person shall allow lawns, groundcover, shrubbery or other ornamental
landscape material to be watered with water supplied by the City at a time while it
is raining. Automatic irrigation controllers must either be turned off manually or
connected to a properly functioning rain shut off device. Effective July 1, 2012 all
irrigation controllers attached to dedicated landscape meters must have a rain
shut -off device.
G. No person shall use water supplied by the City to operate a water fountain or
other decorative water feature that does not use recirculated water.
H. No person shall use water supplied by the City 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. This paragraph does not apply to any commercial car washing
facility that is equipped with recirculating water systems or has received a waiver
from the City.
Effective January 1, 2010 all new commercial conveyor car wash systems must
install operational recirculating water systems, or must have secured a waiver of
this requirement from the City pursuant to this Chapter. By January 1, 2013, all
existing car wash systems must have installed operational recirculating water
systems, or must have secured a waiver of this requirement from the City.
J. No eating or drinking establishment including, but not limited to, a restaurant,
hotel, caf6, cafeteria, bar, or other public place where food or drinks are sold,
served, or offered for sale, shall use water provided by the City to provide drinking
water to any person unless expressly requested.
K. Hotels, motels and other commercial lodging establishments shall provide
customers the option of not having towels and linen laundered daily. Commercial
lodging establishments must prominently display notice of this option.
L. Installation of single pass cooling systems is prohibited in buildings requesting
new water service.
M. Effective January 1, 2010, all new washing machines installed in commercial
and /or coin- operated laundries must be ENERGY STAR@ and CEE Tier III
qualified. By January 1, 2014, all washing machines installed in commercial
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and /or coin- operated laundries must be ENERGY STAR® and CEE Tier III
qualified.
N. No person may use water from any City 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 fire hydrant meter to record all
water consumption for a specified project.
O. Any person using water provided by the City in conjunction with the operation of a
construction site must:
1. Use recycled or non - potable water when available.
2. Use of recycled or non - potable water for soil compaction or dust control
where a reasonably available source of such water exists that has been
approved by the Department of Public Health as appropriate for such use.
3. Equip water hoses with automatic shut -off nozzles, where such devices are
available for the size and type of hoses in use.
P. Upon notice from the City that a use of water constitutes an indiscriminate use
that is wasteful and without reasonable purpose. Such use shall cease within
thirty (30) calendar days of written notice from the City to the person or entity
receiving the water from the City.
Q. The following requirements apply to kitchens in food preparation establishments,
such as restaurants, cafes and hotels that use water provided by the City.
1. Effective January 1, 2010 all new or remodeled commercial kitchens must
be equipped with water - efficient pre -rinse kitchen spray valves that use
1.6 gallons of water or less per minute.
2. All water -using equipment in new or remodeled commercial kitchens must
use the best - available, water - conserving technology, such as, but not
limited to technologies cited on the California Urban Water Conservation
Council (CUWCC) website.
3. Defrosting food with running water is prohibited.
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.
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6. Effective January 1, 2012, existing kitchen spray valves must be retrofitted
to models using 1.6 gallons of water or less per minute.
Section 14.16.050 Water Supply Shortage Levels.
A. When the Utilities Director determines that, due to drought or other water supply
conditions, a water supply shortage or threatened shortage exists and a
consumer's demand reduction is necessary to make more efficient use of water
and appropriately respond to existing water conditions, the Utilities Director shall
recommend that the City Council declare a water supply shortage to exist at one
of the levels set forth in this section.
B. A "Level One Shortage (Shortage Warning)" exists when there is any water
supply shortage or threatened shortage not in excess of 10 %. When this level of
shortage has been declared, all persons using water supplied by the City must,
to the extent set forth by the City Council, in its resolution declaring the water
supply shortage:
1. Reduce irrigation of lawns and ornamental landscape to no more than four
(4) days per week. Food crops are exempt from this provision.
2. Repair all irrigation water leaks.
3. Refill fountains, pools and water features no more than once per week.
C. A "Level Two Shortage (Significant Shortage Condition)" exists when there is a
supply shortage or threatened shortage in excess of 10% but no more than 25 %.
When this level of shortage has been declared, all persons using water supplied
by the City must, to the extent set forth by the City Council, in its resolution
declaring the water supply shortage:
1. Reduce watering of lawns and ornamental landscape to no more than
three (3) days per week. Food crops may be watered no more than five (5)
days per week.
2. Reduce indoor and outdoor water consumption by 11 % -25% from usage
during a base period defined by Council resolution.
3. Refill fountains, pools and water features no more than once every other
week or no more than once every week if the water feature is a fish pond.
D. A "Level Three Shortage (Severe Shortage)" exists when there is a water supply
shortage or threatened shortage in excess of 25% but no more than 40 %. When
this level of shortage has been declared, all persons using water supplied by the
City must, to the extent set forth by the City Council, in its resolution declaring the
water supply shortage:
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1. Reduce watering of lawns and ornamental landscape to no more than one
(1) day per week. Food crops may be watered no more than three (3)
days per week.
2. Reduce indoor and outdoor water consumption by a total of 26 % -40%
from usage during a base period defined by Council resolution.
3. Abstain from filling fountains, pools and water features, other than ponds
with fish, which may be filled once per week.
E. A "Level Four Shortage (Crisis Shortage)" exists when there is a water supply
shortage or threatened shortage in excess of 40 %. When this level of shortage
has been declared, all persons using water supplied by the City must, to the
extent set forth by the City Council, in its resolution declaring the water supply
shortage, abstain from watering or irrigating of lawns, landscape or other
vegetated area with potable water. 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 as follows:
1. Maintenance of vegetation, including trees and shrubs, that are watered
using a hand -held bucket or similar container, 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. Maintenance of existing landscape necessary for fire protection;
3. Maintenance of existing landscape 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) days per week,
6. Public Works' projects and actively irrigated environmental mitigation
projects; and
7. Food crops (including fruit trees and vegetable gardens), subject to rights
relating to local wells.
F. Upon declaration of a Level Four Crisis Shortage condition, no new potable water
service will be provided, no new temporary meters or permanent meters will be
provided, and no statements of immediate ability to serve or provide potable
water service will be issued, except under the following circumstances:
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1. A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protect the public health, safety, and welfare;
or
3. The applicant provides substantial evidence of an enforceable
commitment that water demands for the project will be offset prior to the
provision of a new water meter(s) to the satisfaction of the Utilities Director
or its designee.
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.
G. Any restrictions imposed in connection with a water shortage level is in addition
to the requirements otherwise imposed by Section 14.16.040 of this code.
Section 14.16.060 Declaration and Notification of Water Supply Shortage.
The existence of Level 1, Level 2, Level 3, or Level 4 Water Supply Shortage conditions
shall be declared by Council resolution and adopted at its regular or special public
meeting. The mandatory conservation requirements set forth in the resolution will take
effect on the tenth day after the date the water shortage level is declared. Notification
procedures shall be in accordance with section 1301 of the City Charter.
A resolution implementing a water conservation level shall remain in full force and effect
until repealed by the City Council, or until a subsequent resolution implementing a
different conservation phase becomes effective.
The Utilities Director shall, subsequent to the adoption of a resolution implementing any
water conservation phase, provide periodic reports to the City Council regarding
compliance with the requirements of the water conservation phase, current and
anticipated allocations of water from Metropolitan Water District ( "MET'), and any
change in circumstances that could warrant a position of more stringent measures or
relaxation of measures then in effect.
Section 14.16.070 Demand Management.
When a water supply shortage is declared to exist by Council resolution, limits to water
consumption may be established on a per parcel basis which limits amount of water to
that which is reasonable and sustainable for the customer's needs.
Section 14.16.080 Relief from Compliance — Specified Situations
A. The provisions of this Chapter shall not apply to the following activities of a public
entity:
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The filling, operation and maintenance of a swimming pool open to the
public.
2. 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, however, recycled water will be used where feasible.
B. The restrictions requiring reduction of consumption, as authorized by Section
14.16.050, shall not apply to the following activities:
1. The restrictions put in effect by Council resolution requiring the reduction
of water consumption shall not be applicable to 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 Marshall shall grant only that exemption necessary to
mitigate the impacts of participation in the Fuel Load Modification Zone
Program such as the need to irrigate replacement vegetation.
2. The restrictions put in effect by Council resolution requiring the reduction
of water consumption shall not be applicable to hospitals, other medical
care facilities, nurseries, other businesses whose main stock and trade
consists of plants and vegetation or businesses where water consumption
is integral in production or manufacturing, provided that these types of
businesses submit a water conservation plan to, and obtain the approval
of such plan from, the Utilities Director or its designee. The Utilities
Director or its designee shall approve a water conservation plan submitted
pursuant to this paragraph only if the plan proposes the maximum feasible
reduction in consumption. This relief from compliance shall apply only
while the business complies with the approved water conservation plan.
Such relief shall not extend to potable watering of landscaped areas.
3. The restrictions put in effect by Council resolution requiring the reduction
of consumption shall not be applicable to any car wash, auto detailer, or
similar business that has submitted a water conservation plan and has
applied for and received approval of, an exemption from the Utilities
Director or its designee. The Utilities Director or its designee shall approve
an exemption only if the water conservation plan provides for recirculation
or recycling of water or otherwise proposes the maximum feasible
reduction in consumption. This relief from compliance shall apply only
while the business complies with the water conservation plan. For fixed
facilities, such relief shall not extend to potable watering of landscaped
areas.
C. The Utilities Director or its designee shall notify the customer of the decision on
an application for relief pursuant to this section by mailing notice of the decision
to the customer, first class, postage prepaid, to the address specified on the
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application. The decision of the Utilities Director or its designee shall be final.
D. The Utilities Director or its designee may require the use of water conservation
devices or practices as deemed appropriate as a condition of an approved
exemption.
Section 14.16.090 Relief from Compliance — Generally
A. 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 achieve the additional reductions required by this Chapter.
This section recognizes that base adjustments may be necessary to insure that
application of this chapter to any particular customer does not produce unjust or
inequitable results. As a general rule, the Utilities Director should not grant relief
to any customer for any reason in the absence of a showing that the customer
has achieved the maximum practical reduction in water consumption other than
in the specific area or areas for which relief is requested.
B. Procedures. An application for relief from the provisions of this Chapter may be
filed by any customer with the Utilities Director. The application shall be
submitted on a form supplied by the Utilities Department. The application must
be filed within ninety (90) days after the effective date of this Chapter or ninety
(90) calendar days after the declaration by the City Council of a water shortage,
whichever shall occur last. The Utilities Director shall approve or disapprove the
application for relief within thirty (30) calendar days after it is filed and deemed
complete.
C. Factors. In determining whether relief should be granted, the Utilities Director
shall consider all relevant factors including, but not limited to, the following:
1. Whether compliance with the consumption and reduction provisions then
in effect would result in unemployment or layoff of workers;
2. Whether additional persons are living or working in the structure or
structures served by the meter or meters for which customer is
responsible;
3. Whether customer had, during all or a portion of the base period, reduced
consumption from prior years through the use of water conservation
practices;
4. Whether any current or anticipated increase in production or
manufacturing will require additional water;
5. The extent to which irrigation or watering of landscaping has been made
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necessary by compliance with fuel load modification programs;
6. The extent to which customer needs to use water to mitigate any
emergency health or safety hazards; and
7. The absence of one or more persons from the structure or structures
served by the meter during all or a portion of the base period.
D. Agreement. The Utilities Director is empowered to enter into an agreement with
any customer to resolve the application for relief. The agreement shall be
memorialized in writing signed by the customer. The agreement shall fix the
rights of the customer and the City. The 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 customer of the decision on
the application for relief by mailing notice of the decision to the customer, first
class, postage prepaid, to the address specified on the application. The decision
of the Utilities Director shall be final.
F. 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 paragraph shall be considered a misdemeanor.
Section 14.16.100 Failure to Comply.
The Utilities Director shall develop an Implementation Plan to be used as a guideline for
enforcing the provisions of this Ordinance. Such Implementation Plan shall provide the
staffing and equipment resources required to ensure the fair and timely execution of
these requirements, as well as the detailed execution strategy. At the discretion of the
Utilities Director, the following actions may be taken:
A. Notice of Warning. For a first violation of any of the provisions of this ordinance,
the Utilities Director or its designee shall issue a written Notice of Warning to the
customer. A Notice of Warning may include one or multiple first violations of
provisions, and along with the Notice of Warning a customer will be issued a
copy of the Ordinance and will be considered as having been given constructive
notice of all Ordinance requirements. Any future violations, even if not included
in the Notice of Warning, will not be considered a first violation due to the
constructive notice issued the customer upon receipt of the Notice of Warning.
B. Continuing Non - Compliance. In the event compliance is not achieved and
maintained, the City may use any or all of its enforcement options in securing
compliance with the Ordinance and multiple enforcement options may be used to
achieve compliance with respect to persons who commit continuing violations. A
separate offense shall be deemed to have been committed whenever a person
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repeats the act that constitutes the violation.
C. A penalty not exceeding one hundred dollars ($100.00) may be charged on a
customer's water bill for each violation in a calendar year after the first occurring
during a calendar year.
D. In addition to any other penalty, the City may install a water flow restrictor device
of approximately one gallon per minute capacity for services up to one and one -
half inch size and comparatively sized restrictors for larger services after
providing written notice of intent a minimum of 48 hours before installing a flow
restrictor.
E. In addition to any penalties and /or the installation of a water flow restrictor, the
City may disconnect a customer's water service for willful violations of mandatory
restrictions in this chapter.
F. Upon the imposition of any penalties pursuant to this section, notice shall be
given of the penalty and the right to a hearing to contest the validity of any such
penalty. Notice shall be deemed given when personally delivered to the customer
subject to the penalty or when such notice is deposited in the United States mail,
first class postage prepaid, and addressed in the same manner as normal water
billings. Notices relative to the violation of water consumption reduction
requirements imposed as part of a declared water shortage level may be given
by specifying the violation, the facts supporting the violation, and the customer's
right to a hearing in a conspicuous place on the first water bill sent to the
customer for the billing period during which the violation occurred. If the penalty
assessed is, or includes, the installation of a flow restrictor or the termination of
water service, notice of the violation shall, in addition to that specified above, be
posted in a conspicuous place on the property served by the meter or meters
which recorded the excessive consumption or were connected to the facility from
which water was illegally discharged.
G. Any customer against whom a penalty is levied pursuant to this section shall
have a right to hearing. The customer shall be entitled to be represented by an
individual of their choice, to present oral and documentary evidence in support of
their appeal, and to review and comment on all evidence offered to establish the
violation.
H. In addition to any other penalty provided for in this section, any person violating
any of the provisions or failing to comply with any of the mandatory requirements
of this Ordinance may be prosecuted for an infraction. Written citations for
infractions may be issued by police officers or nonsafety employees designated
in Section 1.12.020 of the Municipal Code. Any person convicted of an infraction
under the provisions of this Code shall be punishable as follows:
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1. A fine not exceeding one hundred dollars ($100.00) for a first infraction of
the ordinance within one year;
2. A fine not exceeding two hundred dollars ($200.00) for a second infraction
of the ordinance within one year; and
3. A fine not exceeding five hundred dollars ($500.00) for each additional
infraction of the ordinance within one year.
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.\
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the — day of 2009, and adopted on the
day of 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
2k EE EAkf HAMP, ASSISTANT CITY ATTORNEY
ATTEST:
CITY CLERK
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