HomeMy WebLinkAboutOrdinance 3810 Amending Chapter 14.18 of the Huntington Beac Huntington Beach Independent has been adjudged a newspaper of general
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Court of Orange County,State of California,under date of Aug. 24, 1994,case
A50479.
CITY OF
HUNTINGTON BEACH
PROOF OF LEGAL NOTICE
ORDINANCE NO.3810
PUBLICATION AdoCouncitheCity
v 1 Council on
AUGUST 18,2008
"AN ORDINANCE OF THE
CITY ,OF HUNTINGTON
STATE OF CALIFORNIA ) BEACH AMENDING
CHAPTER I OF THE
HUNTINGTON
BEACH
MUNICIPAL CODE RE-
SSe LATING TO THE WATER
MANAGEMENT PRO-
COUNTY OF ORANGE ) SYNOPSIS:
CHAPTER 14.18 OF,THE
MUNICIPAL CODE SETS
FORTH THE WATER
am the Citizen of the United States and a MANAGEMENT GRAM FOR THE CITY.PRO
resident of the County aforesaid; I am over THE CALIFORNIA
I WATERCODE, DOCU-
the age of eighteen years, and not a party I MENTING THE NEED TO
to or interested in-the below entitled matter. ' AVOID OREmWATER THE
EFFECTS OF WATER
am a principal clerk of the HUNTINGTON SHORTAGES,' ALLOWS_�
PUBLIC ENTITLES SUP-
BEACH INDEPENDENT, a newspaper of PLYING
ADOPT AND ENFORCE ROT
general circulation, printed and published in PROGRAM. THE PRE-
VIOUS ORDINANCE WAS
the City of Huntington Beach, County of ADOPTED IN 1991 IN
g RESPONSE TO THE
Oran e, State of California, and the DROUGHT THAT ,
SOUTHERN:CALIFORNIA i
attached Notice is a true and complete copy WAS EXPERIENCING.
THERE HAD BEEN NO
as was printed and published on the UPDATES TO THIS POR-
TION OF THE MUNICIPAL
CODE SINCE THAT TIME.
ORDINANCE` NO. 3810
REVISES SECTION
14.18.050 TO ALLOW
THE CITY COUNCIL TO
ADOPT A WATER MAN-
AGEMENT PROGRAM BY
RESOLUTION. THE OTH-
ER REVISION TO THIS
SECTION GIVES THE OF
RECTOR OF PUBLIC
August 28, 2008 WORKS THE AUTHORITY
gREGULATIONSTO MAKE
ULES TO END
FORCE THE PROVISIONS
OF THIS CODE, WITH A
COPY OF ANY SUCH
RULE OR REGULATION
PROVIDED TO THE CITY
COUNCIL.
PASSED AND ADOPTED
by the. City Council of
the City of Huntington
!Beach at a regular
declare, under penalty of perjury, that the ;meeting held August 18,1
2008 by the ,following i
foregoing is true and correct. roll call vote:
g 9 !AYES: Hansen, Hardy,I
Bohr, Cook, Coerper,
.Green,Carchio
NOES:None
ABSTAIN:None
ABSENT:None
2008 i
Executed on August 28, I THE FULL TEXT OF THE
at Huntington Beach, California ORDINANCE IS AVAIL-!
ABLE IN THE CITY
I
CLERK'S OFFICE:
This ordinance is effec-1
!five 30 days after{ ;
adoption.
CITY OF I
�HUNTINGTONBEACH i
Sigriatumf HUNT NGTON BEACH,
CA 92648 -
714-536-5227 I
JOAN L.FLYNN,
CITY CLERK -
Published Huntington
(Beach Independent Au-
gust 28,2008' 084-813
jV6qpda*) FDA-
Council/Agency Meeting Held: $/ �Llor
Deferred/Continued to: eZi� t�/� �
Appro ed ❑ Conditionally Approved ❑ Denied it CI rk's SicVature
Council Meeting Date: 8/4/2008 Department ID Number: PW 08-49
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU: PUBLIC
CIL MEMBE
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINIRATOR
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR WORK
SUBJECT: Approve Ordinannce Amending Chapter 14.18 of the Municipal Code
Water Management Program
Statement fissue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Chapter 14.18 of the Municipal Code establishes a Water
Management Program for the City based upon the need to conserve water supplies and to
avoid or minimize the effects of future water shortages. With water delivery curtailments
possible in the near future, an updated Water Management Program is proposed.
Funding Source: Any funds needed to implement the Water Management Program will be
provided by the Water Fund (506) operating budget.
Recommended Action: Motion to:
1. Adopt Ordinance No. 3,q1 0 , An Ordinance of the City of Huntington Beach Amending
Chapter 14.18 of the Huntington Beach Municipal Code Relating to the Water
Management Program; and
2. Adopt Resolution No. 2008-44 , A Resolution of the City Council of the City of
Huntington Beach Adopting the Water Management Program.
Alternative Action(s):
1. Adopt the amending ordinance, but not the resolution. Without the resolution, the 1991
Water Management Program will remain in place.
2. Adopt neither and instruct staff on how to proceed.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-49
Analysis:
Municipal Code
Chapter 14.18 of the Municipal Code sets forth the Water Management Program for the City.
The California Water Code, documenting the need to conserve water and avoid or minimize
the effects of water shortages, allows public entities supplying water to adopt and enforce a
program. The current ordinance was adopted in 1991 in response to the drought that
Southern California was experiencing. There have been no updates to this portion of the
Municipal Code since that time. The proposed ordinance revises Section 14.18.050 to allow
the City Council to adopt a Water Management Program by resolution. An authorizing
resolution is also presented for consideration. The other revision to this section gives the
Director of Public Works the authority to make rules and regulations to enforce the provisions
of this code, with a copy of any such rule or regulation provided to the City Council.
Water Supply in Huntington Beach
The City provides water service to over 52,000 connections in the City and in unincorporated
Sunset Beach. Water supply is a mixture of groundwater, provided by 10 wells located
throughout the City, and imported water, provided by the Metropolitan Water District of
Southern California (MWD). Imported water is a mixture of Colorado River and State Water
Project deliveries. The groundwater basin is managed by the Orange County Water District
(OCWD). The City is a member agency of the Municipal Water District of Orange County
(MWDOC), which in turn is a member agency of MWD. MWDOC manages the imported
water supply for the majority of Orange County.
Each year OCWD sets the allowable basin pumping percentage (BPP) and the
replenishment assessment (RA). The BPP has fluctuated over the course of the last several
years; 66%, 64%, 69% and 82% respectively in the last four water years (July through June).
The BPP set for the current water year (July 2008 through June 2009) is 69%. The RA is the
amount that groundwater producers pay per acre-foot of water pumped from the basin. The
RA has increased substantially over this same period; $172, $205, $223 and $237 over the
last four water years. The RA for the upcoming water year is set at $249/acre-foot. The
balance of the City's water demand must be met with imported water or an equity
assessment is added to the RA, essentially making pumped water equal to the cost imported
water.
Imported water cost is far greater than that of groundwater. Therefore, the higher the BPP,
the lower overall water cost to the City. As of July 1, 2008, the cost of imported water is
$528.50/acre-foot. On January 1, 2009, the cost will increase to $603.50/acre-foot.
Water Supply Situation in Southern California
Water year 2007 was a dry year statewide, and especially in Central and Southern California.
Much of Southern California had one of the driest precipitation years of record, surpassing
the prior records set in 2001/02. In Northern and Central California, unimpaired runoff from
Sierra Nevada watersheds was below average. The Colorado River Basin, an important
source of water supply for Southern California, continued in drought conditions, having
-2- 7/15/2008 4:46 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-49
experienced below average runoff in seven of the last eight years. In addition, water
supplies for customers of the State Water Project and federal Central Valley Project, which
includes Huntington Beach and most of Southern California, have been affected by court-
imposed restrictions on diversions from the Sacramento-San Joaquin River Delta to protect
the Delta smelt. Impacts of the record dry spring months of 2008, combined with water
projects' export restrictions from the Delta, led the Governor to issue Executive Order S-06-
08, proclaiming a statewide drought and directing state actions to be taken to address
drought conditions and water delivery restrictions.
Proposed Water Management Program
The Water Management Program is presented in stages; however, the nature of the water
supply shortage will determine the appropriate stage to be implemented. 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%) — Includes all the components 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. This stage will include strict enforcement
of the penalty system for violations.
Stage III (Shortage more than 20%) - Includes all the components of Stages I and II, plus
water rationing plan that includes water use allocations and putting an increasing block rate
structure in place. In this stage, specific limitations will be placed on all nonessential water
use.
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.
Public Works Commission Action: Not applicable.
Strategic Plan Goal: E-1 - Increase community involvement, dialogue, and outreach by
educating residents about opportunities for involvement such as how to donate to projects,
volunteer, access information, and offer opinions through the website and other means.
-3- 7/15/2008 4:46 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-49
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 the CEQA Guidelines Section
15269(c).
Attachment(s):
, a - o s Deveriptibon,
Ordinance No. 3810 An Ordinance of the City of Huntington
Beach Amending Chapter 14.18 of the Huntington Beach
Municipal Code Relating to the Water Management Program
2 Resolution No. 220nR_44 A Resolution of the City Council of the
City of Huntington Beach Adopting the Water Management
Pro ram, including Exhibit A
3. Legislative Draft Chapter 14.18
-4- 7/23/2008 10:37 AM
ATTAC H M E N T # 1
ORDINANCE NO. 3810
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.18 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE WATER MANAGEMENT PROGRAM
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 14.18.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 as may from time to time be adopted by resolution of
the City Council; provided however that, any actions taken by them pursuant herewith
shall be confirmed at the earliest practicable time by the City Council. The Director of
Public Works shall make such rules and regulations as may be necessary, reasonable and
to enforce the provisions of this code. A copy of any rule or regulation promulgated by
the Director shall be provided to the City Council.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of August 12008
8
Mayor
ATTEST: APPROVED AS TO FORM:
9#690.) F ,,— rv-),- �- aYl—
City Clerk City Attorney Owe (quSlob
REVIEWE A D PPROVED: INITIATED AND APPROVED:
City Admi is ator Director of Pu lic Works
08-1626/23172
Orel. No. 3810
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 August 4, 2008, and was again read to said City Council at a
regular meeting thereof held on August 18, 2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
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 hereb}
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on August 28,2008.
In accordance with the City Charter of said City
Joan L. Flynn City Clerk ty Clerk and ex-offici Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
RESOLUTION NO. 2008-44
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING THE
WATER MANAGEMENT PROGRAM
WHEREAS, California Water Code Section 375, et seq. permits 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 for the purpose of conserving the water supplies of the public entity;
and
The City Council established in 1991 a comprehensive Water Management Program
pursuant to California Water Code Section 375, et seq. based upon the need to conserve water
supplies and to avoid or minimize the effects of any future shortage; and
The City Council has determined there is a need to replace the 1991 Water Management
Program with an updated plan;
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The Water Management Program, a copy of which is attached hereto as
Exhibit A and incorporated by this reference as though fully set forth herein, is hereby adopted
and all prior Water Management Programs are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of August , 20 08
Au&i 610�
Mayor
REVIEWE D A PROVED: APPROVED AS TO FORM:
City Administrator YAttorney DV-0to�slo'
C� •s.ass
INITIATED AND APPROVED:
Director of Public rks
08-1626/23176
Resolution No.2008-44,Exhibit"A"
E::EX:7HIBIT A
Resolution No.2008-44,Exhibit"A"
WATER
MANAGEMENT
PROGRAM
June 2008
Resolution No.2008-44,Exhibit"A"
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 capability 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 11 (Shortage 10%-20%): All of Stage 1,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 11, 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.
1
Resolution No. 2008-44,Exhibit"A"
IMPLEMENTATION STAGES
Stage I (Less than 10%)
To be implemented if the anticipated supply of water available to the City over the
foreseeable future will be 10% 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 cut-off valves on hoses when washing vehicles or other items
outside;
Encourage installation of pool and spa covers to minimize water loss 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 between 7:00 p.m. and 9:00 a.m.
Adjust sprinklers and irrigation systems to avoid over-spray, run-off and waste;
2
Resolution No.2008-44,Exhibit"A"
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 cut-off valves on
hoses;
Require vehicle washing be accomplishing 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
Resolution No. 2008-44,Exhibit"A"
Stage II (Shortage 10% - 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 50% of prior years' usage;
Industrial and Commercial
Allow access to the premises to/by Utilities 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.
Stage III (Shortage 20% +)
All of Stage 11, plus:
All Water Users
Mandatory compliance with all restrictions;
4
Resolution No.2008-44,Exhibit"A"
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 Use
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
Resolution No.2008-44,Exhibit"A"
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 speaker's 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;
Stage II
Implement a surcharge of 50% of the domestic water rate to irrigation meter water use
in excess of 50% of comparable period 2007/08 usage;
6
Resolution No.2008-44, Exhibit"A"
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,per the most current city
Urban Water Management Plan;
Respond to all reports of water waste; proceed with water waste penalty
implementation;
Provide additional programs as possible. Programs could 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 services responses to ensure a successful program.
Stage III
Implement the household water use allocation plan;
Implement increase block rate structure for all water use.
7
Resolution No.2008-44,Exhibit"A"
Reporting, Enforcement and Penalty Systems
Reporting
If misuse of water is reported at a residence or business, the Utilities 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 Utilities Division.
The Utilities 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 Utilities Division.
Response to Violations
Should violations of the plan be witnessed,reported or apparent to Utilities
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
l. 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.
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.
2. Second Report— Same Service Address
After verification through a field inspection, the customer will be sent a
written notification from the Utilities Division requesting compliance. The
letter shall explain the violation, and inform the customer of the penalties
8
Resolution No.2008-44,Exhibit"A"
for further infractions, including financial penalties, flow restriction and
possible water disconnection.
3. 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.
4. Fourth Report Same Service Address
A flow restrictor will be inserted into the customer's water meter.
5. 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
Resolution No.2008-44,Exhibit"A"
PUBLIC COOPERATION
Conservation actions to cope with emergency water shortages are 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
Resolution No.2008-44,Exhibit"A"
Water Allocation Methods
The key elements of a rationing program are that the resources are 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 are generally
limited to outdoor uses and other nonessential 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.
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;
11
Resolution No.2008-44,Exhibit"A"
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 Utilities 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 application 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,provided that granting of the petition will not adversely
affect the water supply or service to other existing water customers.
Additional water allocations will be granted on a one-time basis per residence.
12
Res. No. 2008-44
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on August 4, 2008 by the following vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio GVerk of the
City Council of the City of
Huntington Beach, California
ATTAC H M E N T #3
Huntington Beach Municipal Code ORDINANCE N0. 3810 14.18,010-14.18.050
LEGISLATIVE DRAFT
Chapter 14.18
WATER MANAGEMENT PROGRAM
(3104-4/91)
Sections:
14.18.010 Declaration of policy
14.18.020 Findings
14.18.030 CEQA exemption
14.18.040 Application
14.18.050 Authorization
14.18.060 Mandatory conservation phase implementation
14.18.070 Penalty
2
14.18.010 Declaration of policy. California Water Code Section 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 Section 375 et seq.,based upon the E
need to conserve water supplies and to avoid or minimize the effects of any future shortage.
(3104-4191)
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. (3104-4/91)
(b) A major failure of the supply, storage and distribution facilities of the Metropolitan Water
District of Southern California, or of the City occurs. (3104-4/91)
(c) A local or regional disaster which limits the water supply. (31044191)
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 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. (3104-4/91)
14.18.030 CEQA 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 Code
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. (3104-4/91)
14.18.040 Application. The provisions of this chapter shall apply to all persons,customers, and
property served by the City. (3104-4/91)
b
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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 as may from time to time be adopted by resolution of the City Council; z
provided however that, any actions taken by them pursuant herewith shall be confirmed at the
earliest practicable time by the City Council. The Director of Public Works shall make
such rules and regulations as may be necessary, reasonable and proper to
enforce the provisions of this Chapter. A copy of any rule or regulation
promulgated by the Director shall be provided to the City Council. (3104-4/91)
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 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(7) days thereafter or such '
order of the Director of Public Works shall have no further force or effect. (3104-4/91)
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 s
be discontinued or appropriately limited to any customer who willfully uses water in violation of
any provision hereof. (3104-4/91) {
4/91
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Adopt Water Management Program
COUNCIL MEETING DATE: August 4, 2008
RCA ATTAC H.M E NTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not A plicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Notached
t Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION ATTACHMENTSFOR'IVI9SSING
REVIEWLD RETURNED ;3 FOR RD.ED
Administrative Staff )
Deputy City Administrator (Initial) ( )
City Administrator (Initial) )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
- . 7pe F
RCA Author: Dills:jg