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HomeMy WebLinkAboutOrdinance #3104 ORDINANCE NO. 3104 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH FINDING THE NECESSITY FOR AND ADOPTING A WATER MANAGEMENT PROGRAM WHEREAS, the City Council of the City of Huntington Beach does hereby ordain as follows : SECTION 1 . The Huntington Beach Municipal Code shall be amended to add a new chapter entitled Chapter 14 . 18 Water Management Program, to read as follows : 14 . 18 . 010 Declaration of Policy. California Water Code Sections 375 et seq. permit public entities which supply water at retail to adopt and enforce a water management program to reduce the quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity. The City Council hereby establishes a comprehensive water management program pursuant to California Water Code Sections 375 et seq. , based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortage. 14 . 18 . 020 Findings . The City Council finds and determines that a water shortage could exist based upon the occurrence of one or more of the following conditions : (A) A general water supply shortage due to increased demand or limited supplies . (B) A major failure of the supply, storage and distribution facilities of the Metropolitan Water District of Southern California, or of the City occurs . (C) A local or regional disaster which limits the water supply. 1 i The City Council also finds and determines that the conditions prevailing in the Huntington Beach area require that the water resources available be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented and that the i conservation of such water encourage with a view to the maximum reasonable and beneficial use thereof in the interests of the people of the City and for the public welfare. 14 . 18 . 030 CEOA Exemption. The City finds that this chapter and actions taken hereafter pursuant to this chapter are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Cgde Section 21080 (b) (4) and the California Environmental Quality Act Guidelines Section 15269(c) . The City Administrator of the City is hereby authorized and directed to file a Notice of Exemption as soon as possible following adoption of this chapter. 14 . 18 . 040 Application. The provisions of this chapter shall apply to all persons, customers, and property served by the City. 14 . 18 . 050 . Authorization. The City' s Director of Public Works and the City Administrator, or their designated representative, are hereby authorized and directed by the City Council to implement the provisions of this chapter as specifically set forth in the Water Management Program; provided however that, any actions taken by them pursuant herewith shall be confirmed at the earliest practicable time by the City Council . 14 . 18 . 060 Mandatory Conservation Phase Implementation. The City shall monitor the projected supply and demand for water by its customers . The Director of Public Works shall determine the extent 3104 2 of the conservation required through the implementation and/or termination of particular conservation stages in order for the City to prudently plan for and supply water to its customers . The City Council shall direct the City Administrator to order that the appropriate stage of water conservation be implemented or terminated at any time it determines appropriate in accordance with the applicable provision of this chapter. However, in case of local emergencies as defined under the Huntington Beach Municipal Code, the City Administrator shall have the authority to order the implementation of the appropriate stage of water conservation subject to ratification by the City Council within seven days thereafter or such order of the Director of Public Works shall have no further force or effect . 14 .18 .070 . Penalty. Any violation of this chapter is a misdemeanor. In addition to any other remedies which the City may have for the enforcement of this Ordinance, service of water shall be discontinued or appropriately limited to any customer who willfully uses water in violation of any provision hereof . SECTION 2 . Effective Date and Publication. This chapter shall become effective as of the date of adoption and shall be published within ten days of adoption, pursuant to the California Water Code Section 376 . 3104 3 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on thel5th day of April 1991. Mayor ATTEST: APPROVED AS TO FORM: City Clerk -- City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Administrator Director of Public Works 3104 4 WATER MANAGEMENT ' PROGRAM WATER MANAGEMENT PROGRAM The Huntington Beach Water Management Program is intended to reduce water demand to a level that matches the available water supply. It is the responsibility of the municipal water agency to assess needs, system capabilities and available supplies and to provide a method to equitably share the water resources. The program will be implemented when a sustained or an emergency water shortage is imminent. The program is presented in stages, however, the nature of the water supply shortage will determine the appropriate stage to be implemented. Anticipated shortages may allow staged programs. If the severity of the water emergency increases, stages which reduce demand more than the previous stage will be implemented. Unanticipated emergency water shortages may require immediate restrictive actions, without progressive stages. Stage I (Shortage 10%) : Involves implementing voluntary conservation measures; specific water use restrictions; regulated irrigation times; review of City facilities water use; and a coordinated public information program. In all stages, water waste is prohibited. Penalties may be assessed for noncompliance. Stage II (Shortage 10%-20%) : All of Stage I, plus: additional specific use restrictions. Appropriate water use allocations and rate block structures will be determined, and a program for rationing prepared. Strict enforcement of the penalty system for violations. Stage III (Shortage more than 20%) : All of Stage II , plus, a water rationing plan which includes water use allocations and increasing rates structure is put in place. Specific limitations on all nonessential water use. Restrictions to grading, hydrant use and new construction permits will be requested. If further shortages are imminent, the water rationing plan will be accelerated. All nonessential water use, including irrigation and grading will be prohibited. Outdoor water use will be restricted to that necessary for public health and safety. The Water Management Program includes ongoing monitoring of the effectiveness of the imposed conservation measures and restrictions. The estimated water savings at each stage will be determined. if the demand is significantly disproportional to the anticipated supply, then the stage of conservation will be adjusted accordingly. 3104 IMPLEMENTATION STAGES Rtage I {Less than 10%) To be implemented if the anticipated supply of water available to the City over the foreseeable future will be ten percent less than the projected normal year demand. This stage combines voluntary water use reductions and specific water use restrictions including: All Water Users Prohibit the washing of concrete and other hard surfaces including driveways, walkways and parking areas except as required to maintain health or safety; Turn off decorative fountains, ponds , lakes and pools unless a water recycling system is used; Retrofit indoor plumbing fixtures with low-flow devices if appropriate; encourage low water using fixtures when replacing existing fixtures; Check faucets, toilets, pipes, irrigation systems and meters for leaks and repair immediately; Reduce interior and exterior uses of water whenever possible to prevent water waste; Require automatic cutoff valves on hoses when washing vehicles or other items outside; Encourage installation of pool and spa covers to minimize water lose due to evaporation; Discourage draining and refilling of pools and spas unless necessary for health and safety reasons; Prohibit the indiscriminate running of water or washing with water which is wasteful and without reasonable purpose; Implement a water waste penalty system. Irrigation and Outdoor Water Use Regulate irrigation on residences, golf courses, cemeteries, government, public, and commercial facilities landscape areas to include; Schedule irrigation times beteen 7: 00 p.m. and 9: 00 a .m. 2 3104 Adjust sprinklers and irrigation systems to avoid over-spray, run-off and waste; Encourage the installation of low water using plants combined with hardscape materials, and energy efficient irrigation systems when installing or replacing landscapes; discourage replanting if possible, Do not allow water to run off landscaped areas into adjoining streets, sidewalks, parking lots or alleys; Reduce irrigation times or frequency by 50% where possible; Check faucets, pipes, irrigation systems and meters for leaks and repair immediately; If outside water connections are available, require automatic cutoff valves on hoses; Require vehicle washing be accomplished with a bucket rather than running hose to the extent possible; Eliminate draining and refilling of decorative ponds, and fountains unless necessary for health and safety reasons. Commercial/Industrial Use/Public Agencies Adhere to all restrictions applied to all water users, including irrigation and outdoor water use; Make plumbing and irrigation adjustments as recommended; Restaurants shall serve drinking water only upon request; Review operational water use, and determine possible alternatives i .e. recirculating; automatic cut off valves; Prohibit water use for cleaning of hard surfaces except as necessary for health and safety reasons, or if a cleaning machine equipped to recycle water is used; Evaluate necessity or frequency of high water using activities, such as, window washing, exterior walls or other nonessential cleaning. 3 3104 Stage I I Shortage „ (I Q g_-20% _ All of Stage I , plus. All Water Users Mandatory adherence to irrigation limits , street cleaning, system flushing, car washing and other requests for outdoor water use in Stage I; Prohibit the filling of pools, spas and lakes except as necessary to maintain health and safety; Require all ornamental fountains be turned off or not refilled; Discourage the use of hydrants and water trucks used for grading or cleaning; Discourage the use of water softeners and filters which increase water use. Irrigation A surcharge of 50% of the domestic water rate will be applied to irrigation meter water use in excess of 500 of 1990 usage; Industrial and Commercial Request all air conditioner temperatures be set to 78 degrees, if possible, unless equipment recirculates water; Allow access to the premises to by Water Division personnel to conduct internal water use audits if requested; City and Public Agencies Implement applicable procedures required of all water users; Prohibit use of water trucks for washing sidewalks and watering landscaping; Limit water use for street cleaning unless necessary for health and safety reasons; Limit water use for sewer cleaning to necessary amounts to prevent or eliminate sanitation problems; Reduce water system pressure during off peak hours if practical . 4 3104 Stage III Shortage { 201 + 1 All of Stage II plus: All Water Users Mandatory compliance with all restrictions; Mandatory compliance with water use allocations; Irrigation of greenbelts, golf courses, cemeteries, and ornamental landscaping will be prohibited; Strict enforcement of the penalty system for all users . City and Public Agency Water ❑se Restrict water system flushing to emergency situations only. Limit the issuance of permits for hydrants and water trucks used for grading or cleaning. All public water uses not required for health or safety are prohibited. 5 3104 City Water Use Request the cooperation of all City Departments to control internal and external water uses; Inspect and adjust irrigation systems at all City facilities; Perform internal plumbing repairs in all facilities; Eliminate the use of hoses on cement walkways unless necessary for sanitation reasons; Establish a system at each facility to notify the proper personnel of leaks or water waste problems; Review current water use by all facilities; Evaluate water needs of Fire Department and Public Works Departments to ensure public health and safety, yet eliminate water waste; Monitor all public use areas for proper water use and leak detection; Limit all unnecessary water use, including system flushing and fire flow testing except as necessary to protect public health and safety. City Administrative Actions Stage 1 Implement a public information program which may consist of: conservation packets and brochures; cable network programming; water bill inserts; local newspaper information and speakers bureau; Make available upon request water saving bathroom kits including shower flow restrictors and toilet displacement bags; Provide water conservation information and assistance to all residents upon request; Increase response to water waste reports at public facilities and landscaped areas; Review personnel and budgetary needs as necessary to respond to additional customer service and administrative demands to ensure a successful program; 6 3104 Stage _ II Implement a surcharge of 50% of the domestic water rate to irrigation meter water use in excess of 50% of comparable period 1990 usage; Prepare a plan for household allocation water use limits; Prepare increasing block rate structure for excessive use. Excessive use will be determined by the average water use for the type of dwelling; Respond to all reports of water waste; proceed with water waste penalty implementation; Provide additional programs as possible. Programs could include water bill credits ( rebates) for ultra-low flow toilet installations; a low-flow shower head replacement program; household water audits upon request; Review staffing and budget allocations as necessary to implement additional programs and customer service responses to ensure a successful program; Stage III Implement the household water use allocation plan; Implement increased block rate structure for all water use; 7 3104 Reporting, Enforcement and Penalty System Reporting If misuse of water is reported at a residence or business, the Water Division shall investigate the address in a timely manner, usually within 24 hours . Reports of violations should include the name and phone number of individual making report. This information will not be used except for documentation of the problem and statistical information by the Water Division. The Water Division will keep a separate log, by service address, of investigations generated by water waste complaints. If through the course of daily activities, a City employee observes a violation of water use, it should be reported to the Water Division. Response to Violations Should violations of the plan be witnessed, reported or apparent to Water Division personnel , they shall proceed with the established investigation system. Stage I response will be limited to public agency, irrigation meter and commercial landscaping violations; Stage II and III will include response to all reported violations. Investigation System 1 . First report If personal contact with the resident can be made, the Water Representative will make a verbal request to comply with the requirements of the Program. The customer will be provided with a copy of the appropriate pages of the Program, a water conserving tip sheet and a phone number to call if the customer has any questions about the program. The customer will be offered assistance and an explanation of the Program. 8 3104 If personal contact with the resident cannot be made, a notification will be placed in a visible area on or near the primary access door whenever possible. Second Report--Same Service Address After verification through a field inspection, the customer will be sent a written notification from the Water Division requesting compliance. The letter shall explain the violation, and inform the customer of the penalties for further infractions, including financial penalties, flow restriction and possible water disconnection, Third Report--Same Service Address The letter will be the final attempt to resolve the situation without penalty. It will advise that immediate water disconnection will occur should the situation be observed or reported again. Fourth Report--Same Service Address A flow restrictor will be inserted into customer' s water meter; Fifth Report--Same Service Address Water will be disconnected, and the current established penalty must be paid before service is restored. Should the situation continue, the customer will be notified by certified letter that he is in willful violation of the ordinance, and the next occurrence of the incident will be reported to the Police Department. 9 3104 PUBLIC COOPERATION Conservation actions to cope with emergency water shortages is usually received with widespread response by the general public . The public perception that there is a need for extraordinary measures, some of which entail personal financial costs and/or inconveniences, and an understanding of the effectiveness of the prescribed actions is essential to gaining public support and ready participation. Consumer response to rationing programs is more predictable than to other conservation measures, and these are generally the most effective programs to achieve significant demand reduction. One of the problems with a rationing system is in accurately designing the program to achieve the reduction in demand to correlate with the available supply while adversely impacting citizens as little as possible. Although corrections can be made to lessen the impact of a program proving to be too severe, changing programs once they are in place tends to send a message to the customers that the utility lacks resolve or understanding. For this reason, the City must carefully plan the public information program and emergency conservation actions. The public information program should be aimed at the following. five basic groups; local decision makers' ; governmental bodies; industries, schools, businesses, homeowner' s associations, and other groups asked to comply with specific use restrictions; news media; and the general public. The first objective should be providing information accurately and promptly. It is important that the City demonstrates to the public that they are doing everything possible to minimize the shortage. Accurate information concerning supply status (reservoir and ground water levels) , conservation efforts, remaining supply, and other pertinent information should be provided to all personnel involved with public information, especially to those dealing with the media. 10 3104 Water Allocation Methods The key elements of a rationing program are that the resources is shared as equitably as possible, and that customers are kept informed about the status of the shortage. Rationing decisions are expected to raise questions, and procedures to handle valid exceptions and variances need to be a part of the program. Rationing programs are usually patterned after one of the following basic allocation plans: * percentage reduction * fixed allotment * seasonal allotment * specific use bans A percentage reduction assigns each customer class a consumption goal as a percentage of the consumption level used in a similar billing period during the past year. Fixed allotments allow a specific amount of water to each user group based on customer type and average use for similar residential or commercial uses. The seasonal allotment is similar to the percentage reduction except that the consumption reduction goal is varied, depending on the time of year. Specific use bans prohibit water waste and and are generally limited to outdoor uses and other non-essential uses. The Huntington Beach plan proposes a combination of these programs to provide guidelines for general water use allocations. Fixed percentage reductions are easy to determine, however, this method can be perceived as inequitable because it has the effect of penalizing former water conservers, while rewarding those who had previously used large water quantities Identical houses could receive different water allotments . To avoid this potential problem, a fixed percentage reduction will not be applied across the entire customer base. Fixed percentage is appropriate for public agencies, irrigation water use and public facilities which have a wide variety of water uses . A 10% to 50% reduction of certain uses can be made without significantly impacting public health and safety. Fixed allotment rationing establishes a customer' s water consumption goal on a billing unit basis, calculated from an estimate of essential or normal uses, and provides an average use for each particular type of customer. Seasonal use fluctuations will also be incorporated in the formula. These calculations are generally based on meter size, number of dwelling units and average consumption for type of use. A per connection allotment is easy to implement, but does not specifically distinguish between families with large water use requirements and those with none. A fixed allocation is preferred from the standpoint that each customer can determine their own water use priorities. 11 3104 Specific use bans are easy to implement and enforce. The specific restrictions generally apply to outside water use activities which can be limited or prohibited without significant impact on most customers. These bans include regulation of irrigation times; the hosing of hard surfaces; prohibiting water waste; limiting the filling of pools and spas, etc . Cooperation with each stage is mandatory unless a significant financial hardship would be created through water limitations. Also eligible for exceptions are proven medical , or other health and safety needs . Variances in the established allocations will be considered on an individual basis by a Variance Review Committee appointed by the Director of Public Works. All requests must be made on the form provided by the Water Division. Variance Petitions Variance petitions for additional allocations will not be considered until after an excess water use fee occurs on a bill . Variances may be requested based on any of the following criteria: * Extraordinary water use is necessary for documented medical reasons Correspondence to be sent directly from the medical professional to the Variance Review Committee. * The documented number of residents in a household makes adherence to allocations impossible without detrimentally affecting health and safety of the occupants . * The designated allocation will cause unnecessary and undue financial hardship on the applicant or public . * The designated allocation will create an emergency condition Petitions must be filed on the City' s form in person by the customer of record or by a notarized application for non-resident owners. In addition, all variance requests must be accompanied by a water use survey completed by the customer. Water use audits to the establishment may be performed upon recommendation of the Committee prior to further review of the request. The Committee may deny or modify the variance and impose any water use conditions it deems appropriate to the petitioner, providing that granting of the petition will not adversely affect the water supply or service to tther existing water customers. Additional water allocations will be granted on a one time basis per residence. 12 3104 Preliminary Use Allocations M Stage III _ Type Average Use Allocation (190cf� Residential Single Family 35 Units 30 Units Condo/Apt Unit 19 16 Irrigation Varies 50% of 1990 (comparable) Commercial Office Type 22 Units 18 Units Special Uses Laundromat Variable Must Show Proper Auto Car Wash Variable Water Use Restaurant Variable Methods Industrial Variable Variable 4/91 WATER MANAGEMENT SUPPLEMENTAL ACTIVITIES Activity Title: Ultra Low Flow Toilet Rebate Summary: Offer a rebate of $75 . 00 of $100. 00 for installation of a 1 .6 gallon toilet in existing residences or commercial establishments within he Cit ' s service area. Target Group: All water customer with a maximum of three per service address. Target Result: Savings of up to 5 gallons per flu h for each replacement toilet. Cost Analysis: Up to $250 . 00 100 . 00 far first and $75.00 for each installation thereafter) er resident to be applied to water use portion of Municipal Services bill. Staffing Requirements: Clerical staff time to maintain records and enter credits to accounts . Feasibility: Easily administersd, -potentially high cost in water credits. Administrative Action: Establish format honor all original receipts from 1 1 91 spot ch k random installations or ask customer to sign certification. Alternative Actions: Do not offer this type of prQqram, or reduce dollar.— amount to $50.0 and $25.00 (average cost for ULF toilet is 100. 0 excluding installation) . Comments: 3104 WATER MANAGEMENT PROGRAM SUPPLEMENTAL ACTIVITIES Activity Title: Low Flow Shower Head Distribution Summmary:Distribute 1 .5 GPM hower heads to the public at one or two distribution points Target Group: All residential water users. Target Result: Re uce City wide consumption. old style shower heads use- 5 to 8 gallons per minute. Potential savings of 100 gallons per person per day. Cost Analysis: In increments of 10.000 . Cost is $2.89 each. Cost of initial Program is approximately $29, 000 .00 . Staffing Requirements: 2 persons to staff each distribution_point. Specific hours and days of operation would reduce re uired staff time. Feasibility:_ Very possible with excellent results when installed properly. Potential water savings of 100, 000 gallons per day. Administrative Action: Set up distribution Aoints (Water Operations. City Hall or Library) . _Complete .form with service address,_no. of dwelling. units no. of persons Per residence ifpossible) , Certification Statements to ensure all water leaks at the residence are repaire and shower head will be installed in the Huntington Beach service area. Alternative Actions: Possible distribution exchange program with MWD. Cost is one-half MWD's cost. City service area information will not be available, Staff time is undetermined. Comments: 3104 WATER MANAGEMENT SUPPLEMENTAL ACTIVITIES Activity Title: Water Use Audits Summary: Provide, upon request of customers, an on site inspection of water use fixtures (faucets. toilets, showers, irrigation system) to check for leaks or over use. No repairs will be made. Target Group: Residential, apartment, non-industrial commercial. Target Result:Leak detection, customer service visibility. cost Analysis: Labor and minor costs associated with documentation. Average time per residence is one-half hour. Staffing Requirements: Minimum two full time customer service representatives, 2-4 days per week, and clerical staff to establish initial contact and set appointments. Feasibility: Very possible, depends primarily on staff time availability and the number of requests. Administrative Action: Train two-three individuals to perform audits, get Legal Department o.k. for liability requirements, document actions taken. Alternative Actions: Home and business self-audit form to be made available upon request to all customers. Comments: Success rate and public relations impact will be greater with pn site response. Actual water savings cannot be predetermined. 3104 Ord. No. 3104 STATE OF CALIFORNIA ) COUNTY OF ORANGE ' ss: CirY OF HUNTINGTON BEACH j I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-offici`i Clerk of t_h:? City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach i s seveil; that the foregoing ordinance was read to said City Council at a regular }a. .andjourned meeting therof held on the 8th day of April [rsaid _ oll was agali n read to sa. Y d C I ty %rounci l at a regular_ ,ilee L i ng 1;hero f held on the 1 Sth day of April , i n 91 , was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: Councilmembers: None ASSENT: Councilmembers: None I. Cale 8r*& ay CITY CLERK of to fA41y Of � Hw*00n Beach artd t A4WO Cie*of the G'ity CoVd,tt h8xi)� s roi tM 8 synop is of ft hstb-�e„ixsrA:edinthe l}a Mot On City Clerk and ex-offi ci o ?erk of the City Council of the City .�.. -L-�-•.. of Huntington Beach, California h1 ws:►t .aJlcyCharter of skid City. Connie Bmk Cyr Cfedc