HomeMy WebLinkAboutAdopt Emergency Ordinance No. 4060 amending Chapter 14.18 of edDept.ID PW 15-022 Page 1 of2
Meeting Date:5/18/2015
7 —6
CITY OF HUNTINGTON BEACH
4 REQUEST FOR, CITY COUNCIL ACTION,
MEETING DATE: 5/18/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Adopt Emergency Ordinance No. 4060 amending Chapter 14.18 of the
Huntington Beach Municipal Code (HBMC) relating to the Water Management
Program
Statement of Issue:
Chapter 14.18 of the Municipal Code sets forth the Water Management Program for the City.
Governor Brown's Executive Order dated April 1, 2015, set forth a number of requirements for local
water agencies regarding water use. The City's Water Management Program contains most of the
items in the Executive Order, but some adjustments are needed for compliance. One requirement
that needs to be included to conform to the Executive Order requirements is a prohibition on the
watering or irrigation of lawn, landscape or other vegetated areas with potable water during or
within 48 hours following the cessation of a measurable rain event. Two additional changes are
being requested, a reduction in the amount of time that watering with sprinklers is allowed from 15
minutes to 10 minutes per station, and a modification of the restriction on filling pools and spas.
Financial Impact:
No fiscal impact is anticipated. Any funds necessary to implement the Amendment would be
provided by the Water Fund (506) operating budget.
Recommended Action:
Adopt Emergency Ordinance No. 4060,"An Emergency Ordinance of the City of Huntington Beach
Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to Water Management
Program."
Alternative Action(s):
Do not adopt the amending ordinance and keep the current Water Management Program.
Analysis:
Chapter 14.18 of the Municipal Code sets forth the Water Management Program. The Ordinance
was revised in 2008 and again in 2009. The program is implemented in levels depending on the
severity of the water supply situation at the time. In addition; a number of permanent water use
measures are included.
As noted above, the City's current Water Management Program contains most of the item¬ed in
the Governor's Executive Order. In order to comply with the Order the following change is
recommended to the Permanent Water Use Restrictions:
HB -69- Item 9. - 1
Dept. ID PW 15-022 Page 2 of 2
Meeting Date:5/18/2015
• Watering or irrigating of lawn, landscape or other vegetated area with potable water is
prohibited during a measurable rainfall event, or within forty-eight (48) hours following the
cessation of a measurable rainfall event.
Although not required by the Governor's Order, staff is recommending that the duration of watering
time for sprinklers be reduced from 15 minutes to 10 minutes per station in the City's Permanent
Water Restrictions.
In addition, staff is recommending the elimination of the Level 2 water measure that prohibits the
filling of more than one foot of residential swimming pools or spas with potable water and prohibits
the initial filling of pools and spas. Initial filling of new pools and spas would be allowed provided an
appropriate cover is in place to minimize evaporation. The refilling of existing pools and spas would
only be permitted if a repair of a leak was made or if the pool was drained to address a health or
safety concern.
Public Works Commission Action:
Not Applicable
Environmental Status:
Actions taken pursuant to the Water Management Program are exempt from CEQA and are
considered necessary to prevent or mitigate an emergency pursuant to Public Resources Code
Section 21080 (b) (4) and CEQA Guidelines Section 15269 (c).
Strategic Plan Goal:
Non-Applicable—Administrative Item
Aftachment(s):
1. Ordinance No. 4060, "An Emergency Ordinance of the City of Huntington Beach Amending
Chapter 14.18 of the Huntington Beach Municipal Code Relating to Water Management
Program."
2. Legislative Draft of Ordinance No. 4060 Amending Chapter 14.18 of the Huntington Beach
Municipal Code Relating to the Water Management Program.
Item 9. - 2 14B -70-
ORDINANCE NO. 4060
AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.18 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO WATER MANAGEMENT PROGRAM
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending
Section 14.18.050(B) thereof to read as follows:
B. Limit on Watering Duration. Watering or irrigating of lawn, landscape or other
vegetated area with potable water using a landscape irrigation system or a watering
device that isnot continuously attended is limited to no more than 10 minutes watering
per day per station. This subsection does not apply to landscape irrigation systems that
exclusively use very low-flow drip type irrigation systems when no emitter produces
more than two gallons of water per hour and weather based controllers or steam rotor
sprinklers that meet a 70% efficiency standard.
SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding new
Section 14.18.050(R)thereof to read as follows:
R. Measureable Rainfall Event—Watering Prohibited. Watering or irrigating of lawn,
landscape or other vegetated area with potable water is prohibited during a measurable
rainfall event, or within forty-eight (48)hours following the cessation of a measurable
rainfall event.
SECTION 3. The Huntington Beach Municipal Code is hereby amended by amending
Section 14.18.070(B)(5) to read as follows:
5. Limits on Filling Residential Swimming Pools and Spas. Initial -filling of a pool or spa
is permitted only if an appropriate cover is in place. Refilling of an existing pool or spa
is permitted only if repair of a leak has been made or if the pool or spa was drained to
address a health or safety issue.
SECTION 4. Pursuant to Charter Section 501, this ordinance is hereby declared to be an
emergency measure for the immediate preservation of the public peace, health or safety. The
reason for its urgency is the current and existing condition of extreme drought within the State of
California, and the necessity of significant reduction of water usage within the City of
Y upon its adoption if passed by
Beach. This ordinance shall take effect immediately P
at least five affirmative votes. This ordinance shall expire automatically after 120 days.
154730/121 145.doc 1
Ordinance No . 4uou
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 t h day of May , 2015.
ayo
ATTEST: APPROVED FO .
,0' L, ZLdk"j S
Ti y Cler City Attorney
REVIEW D APPROVED: INITIATED AND PPROVED:
Crt Manager ` Director of Public Works
15-4730/121145.doc 2
Emergency Ord. No. 4060
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on May 18, 2015 and was passed and
adopted by at least five affirmative votes of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,JOAN L.FLYNN,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on: May 28,2015.
In accordance with the City Charter of said City
Joan L. Fl)mn, City Clerk Ci Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Ordinance No . 4060
LEGISLATIVE DRAFT
HBMC CHAPTER 14.18.050; 14.18.070
14.18.050 Permanent Water Conservation Requirements—Prohibition Against Waste
The following water conservation requirements are effective at all times and are permanent.
Violations of this section will be considered waste and an unreasonable use of water.
A.Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated
area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific
Standard Time on any day, except by hand using a bucket and/or by hand using a hose with
an automatic shutoff nozzle or a hose-end sprinkler with a radius of not more than 10 feet,if
such sprinkler causes no overspray or runoff, or for very short periods of time for the
express purpose of adjusting or repairing an irrigation system.
B.Limit on Watering Duration. Watering or irrigating of lawn, landscape or other
vegetated area with potable water using a landscape irrigation system or a watering device
that is not continuously attended is limited to no more than 150 minutes watering per day
per station. This subsection does not apply to landscape irrigation systems that exclusively
use very low-flow drip type irrigation systems when no emitter produces more than two
gallons of water per hour and weather based controllers or steam rotor sprinklers that meet a
70% efficiency standard.
C.No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or
other vegetated 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 Washing Down Hard or Paved Surfaces.Washing down 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, a low-volume,high-pressure cleaning
machine equipped to recycle any water used, or a low-volume high-pressure water broom.
E.Obligation to Fix Leaks,Breaks or Malfunctions.Excessive loss or escape of water
through breaks, leaks or other malfunctions in the water user's plumbing or distribution
system for any period of time after such escape of water should have reasonably been
discovered and corrected and in no event more than five days of receiving notice from the
City of Huntington Beach, is prohibited.
F. Re-circulating Water Required for Water Fountains and Decorative Water
Features. Operating a water fountain or other decorative water feature that does not use re-
circulated water is prohibited.
G.Limits on Washing Vehicles. Use of water to wash or 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 subsection
does not apply to any commercial car washing facility.
15-4730/121147
B -73- Item 9. - 5
H.Drinking Water Served Upon Request Only. Eating or drinking establishments,
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, are prohibited from providing
drinking water to any person unless expressly requested.
I. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily
Linen Services. Hotels,motels and other commercial lodging establishments must provide
customers the option of not having towels and linen laundered daily. Commercial lodging
establishments must prominently display notice of this option in each bathroom using clear
and easily understood language.
J. No Installation of Single Pass Cooling Systems to Domestic Water Supplies.
Installation of single pass cooling systems is prohibited in buildings requesting new water
service.
K.No Installation of Non-recirculating Water Systems in Commercial Car Wash and
Laundry Systems. Installation of non-recirculating water systems is prohibited in new
commercial conveyor car wash and new commercial laundry systems.
L.Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food
preparation establishments, such as restaurants or cafes, are prohibited from using non-water
conserving dish wash spray valves.
M. Commercial Car Wash Systems. Effective on January 1,2010, all new
commercial conveyor car wash systems must have installed operational re-circulating water
systems, or must have secured a waiver of this requirement from the City of Huntington
Beach.
N.Construction. (1)No potable water may be used for compacting or dust control purposes
in construction activities where there is a reasonably available source of other non-potable
water approved by the California Department of Public Health and appropriate for such use.
This condition must be identified and specified on construction drawings submitted to the
City for review. (2)All water hoses used in connection with any construction activities shall
be equipped with an automatic shut-off nozzle when an automatic shut-off nozzle can be
purchased or otherwise obtained for the size or type of hose in use.
O.Use of Hydrants.No person may use water from any fire hydrant for any purpose other
than fire suppression or emergency aid without first obtaining a City hydrant meter account
or written approval from the Director of Public Works/City Engineer or designee.
P. Indiscriminate Use.No person shall cause or permit the indiscriminate running of water
not otherwise prohibited above which is wasteful and without reasonable purpose.
Q.Public Health and Safety. These regulations shall not be construed to limit water use
which is immediately necessary to protect health and/or safety. (3104-4/91,3810-9/08,
3849-1/10, 4022-5/14)
R.Measureable Rainfall Event—Watering Prohibited Watering or irrigatin-of lawn
lands cane or ether vel etated r� ea u th potable water is pmohibite —du I a measuxAhLe
raidaR event �r wit in forty-eialnt(48)hou following the cessation of a measurab-le
rainfall event.
15-4730/121147
Item 9. - 6 HB -74-
14.18.070 Level 2 Water Supply Shortage
A.A Level 2 Water Supply Shortage exists when the City of Huntington Beach determines,
in its sole discretion 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.
Upon the declaration by the City of Huntington Beach of a Level 2 Water Supply Shortage
condition,the City of Huntington Beach will implement the mandatory Level 2 conservation
measures identified in this section.
B.Additional Conservation Measures. In addition to the prohibited uses of water
identified in Section 14.18.050 and 14.18.060, the following additional water conservation
requirements apply during a declared Level 2 Water Supply Shortage:
1. Watering Days. Watering or irrigating of lawn,landscape or other vegetated
area with potable water is limited to two days per week during the months of April
through October on a schedule established and posted by the City of Huntington
Beach. During the months of November through March, watering or irrigating of lawn,
landscape or other vegetated area with potable water is limited to no more than one
day per week on a schedule established and posted by the City of Huntington Beach.
This provision does not apply to landscape irrigation zones that exclusively use very
low flow drip type irrigation systems when no emitter produces more than two gallons
of water per hour. This provision also does not apply to watering or irrigating by use
of a hand-held bucket or similar container, a hand-held hose equipped with a positive
self:-closing water shut-off nozzle or device, or for very short periods of time for the
express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks,Breaks or Malfunctions. All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired
within 48 hours of notification by the City of Huntington Beach unless other
arrangements are made with the City of Huntington Beach.
3. Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental
lakes or ponds is prohibited, except to the extent needed to sustain aquatic life,
provided that such animals are of significant value and have been actively managed
within the water feature prior to declaration of a supply shortage level under this
ordinance.
4. Limits on Washing Vehicles.Using water to wash or 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, a hand-held hose equipped with a positive self-closing water shut-off nozzle
or device,by high pressure/low volume wash systems, or at a commercial car washing
facility that utilizes a re-circulating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools and Spas. Initial filling of a
pool or spa is permitted only if an appropriate cover is in place. Re-filling of mere
than ene feet d initial fill' b ..f •.1ential swiRifning peels-of� . „+,eef Spas With
potable water-is pr-ehib
an existing�oal ar spa is permitted only if reai a ea
has been made or if the pool or spa was drained to address a health or safety issue.
(3104-4/91, 3849-1/10, 4022-5/14)
15-4730/121147
-75- Item 9. - 7
5/18/2015
Amendments to Water
Conservation ordinance
Huntington Beach
Municipal Code 14.18
City Council Meeting
May 18,2015
t. III Ifl l7ll i. III IIIh`."- -
I I
w,
1
Governor's Executive orders
• State is in the fourth year of the drought.
• January 17, 2014 Governor proclaimed a statewide drought
emergency.
• April 25, 2014 - Governor proclaimed a Continuing State of
Emergency due to the drought.
• April 1, 2015 - Governor directed the State Water Board to
implement mandatory water reductions in urban areas to
reduce potable urban water use by 25 %statewide.
• May 5, 2015 - State Water Resources Control Board adopts
emergency drought regulations, which became effective on
May 15, 2015
K 2
PPLEMENTAL
COMMUNICATION
Meeting Cate:_
1
Agenda Item No.
5/18/2015
- t
- "e Mandated R ar ets
g
for Huntington Beach
• Huntington Beach mandated to reduce water production
20%, beginning June 1, 2015 through February 2oi6,
compared to the same period in 2013.
• Reduction tier based upon residential allons per capita
daily use of iog.o (July-September 20141
• Required reduction = i,5oi,3o8,314 gallons, equivalent to 22
gallons savings per person per day.
• Failure to meet these reductions could result in fines of up
to sio,000 per day
3
: �e Water Boar -an �a e J
Impacts to all Water Agencies
• Prohibits the irrigation of turf on public street
medians with potable water.
• Prohibits automated irrigation during and within 48
hours following measurable precipitation.
• Recommends all cities adopt two day a week watering
schedule.
4
2
5/18/2015
"City of Hsu t'i-n ` ton � ' th = "
-� -�
rnanent Water Restrictions
• No irrigation between g:oo a.m. and 5:00 P.M.
• No more than 15 minutes per irrigation station.
• No excessive water flow or runoff.
• Washing of vehicles requires hand-held bucket or an auto
shut-off nozzle.
• Washing down hard surfaces is prohibited.
• Water fountains or decorative water features are required to
use recirculation systems.
• Restaurants are to serve drinking water only upon request.
• Commercial lodging establishments must provide guests the
option to decline daily linen services.
• Commercial car washes may not install non-recirculating
water systems.
5
. 1
LeT 1 Restrictions
(Currently Enforcing)
• All plumbing system leaks must be repaired within 72
hours.
• Use of automated irrigation systems is limited to three
(3) days per week in April through October, and two
(2) days per week in November through March.
6
3
5/18/2015
I+ fr
A . 2 Restrictions -
® All plumbing system leaks must be repaired within 48
hours.
® Use of automated irrigation systems is limited to two
(2) days per week in April through October, and one
(1) day per week in November through March.
® Filling or re-filling ornamental lakes or ponds is
prohibited, except to the extent needed to sustain
aquatic life.
• Re-filling of more than one foot and initial filling of
residential swimming pools or outdoor spas with
potable water is prohibited.
IN
- &posed Changes to a er
Management Program
Permanent Restrictions:
® Prohibit irrigation during or within 48 hours of a
measurable rain event.
® Limit the amount of irrigation time from current limit of 15
minutes per station to no more than io minutes per station.
]Level 2 Restrictions:
® Allow initial filling of new pools and spas provided that an
appropriate cover is in place to minimize evaporation.
i Allow refilling of existing pools and spas if a leak was
repaired and/or to address a health or safety concern.
4
5/18/2015
Staff rRecommendation
Adopt Emergency Ordinance No. 4o6o amending
Chapter 14.18 of the Huntington Beach Municipal
Code relating to the Water Management Program
Permanent Conservation Measures and Level 2
Shortage Supply Measures.
5