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HomeMy WebLinkAboutWater Conservation and Water Supply Shortage Program - Ordin Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) iffy of HUNRNGTON BEACH I am the Citizen of the United States and a LEGAL NONE resident of the County aforesaid; I am over OR INANCE NO.3 49 Adopted by the age of eighteen years, and not a party �ECEMBER7il2009 en to or interested in the below entitled matter. CIT"AN ORDINANCE CITY OF''.HUNTININ THEGTON am a principal clerk of the HUNTINGTON BEACH AMENDING . s O BEACH INDEPENDENT a newspaper of HUNTINGTON BEACH MUNICIPAL CODE*,ES general circulation, printed and published in TABLIS livn'T, WATER CONSWATER SUPP the City of Huntington Beach, County of SHORTAGEPROGRAMLY Orange State of and the TY > California, THHEE,; CITY. CITY..COUNCIL AN UPDATED attached Notice Is a true and complete copy WATERED MANAGEMENT as was printed and published on the PROGRAM ON AUGUST 4, 2008,, IN RESPONSE following date(S): TO PENDING REGIONAL WATER S'UP`PLY ' SHORTAGES. SINCE THAT TIME-.THE METRO- POLITAN WATER DIS- TRICT OF. SOUTHERN CALIFORNIA (MWD), THE CITY'S IMPORTED WATER SUPPLIER; CRE- ATED A MODEL WATER MANAGEMENT ORDI- ' December 17, 2009 NANCE AND MADE CER- TAIN CONSERVATION PROGRAM FUNDING + CONTINGENT UPON MEMBER WATER RE- TAILERS ADOPTING AN ORDINANCE MEETING THE ESTABLISHED CRITERIA. PASSED AND 'ADOPTED by the City,Council of the City of Huntington declare, under penalty of perjury, that the Beach at a regular,meet- ing, held December '7, foregoing is true and correct. 2009 by the following roll call vote:. . AYES:Carchio, Coerper,, Hardy; 'Green, Bohr, Dwyer,Hansen ' Executed on December 21, 2009 ABSTAINnNone ABSENT:None, at Costa Mesa, California 1 THE FULL TEXT Of THE ORDINANCE IS AVAIL- ABLE IN :.THE CITY CLERK'S OFFICE. c This ordinance is effec-tive i days after ddoption.on. CITY OF- HUNTINGTON Signature ( 2000 MAIN STREETH HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN'L FLYNN,' CITY CLERK Published Huntington i Beach Independent-De-, cember 17, 2009 123-1 r186 AOP d- /Aned&x077©,J Council/Agency Meeting Held: /1-16 -0,6019 Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied City erk's S' nature Council Meeting Date: 11/16/2009 Department 1D Number: PW 09-46 CITY OF HIUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO#OPUB-C-rVWORKAt!� MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO SUBJECT: Adopt Ordinance Establishing a Water Conservation and Water Supply Shortage Program Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Council adopted an updated Water Management Program on August 4, 2008, in response to pending regional water supply shortages. Since that time the Metropolitan Water District of Southern California (MWD), the City's imported water supplier, created a model water management ordinance and made certain conservation program funding contingent upon member water retailers adopting an ordinance meeting their established criteria. An ordinance amending the current Water Management Program and meeting these criteria is presented for City Council consideration. Funding Source: Any funds needed to implement the Water Conservation and Water Supply Shortage Program will be provided by the Water Fund (506) operating budget. Recommended Action: Motion to: 1. Adopt Ordinance No. 3849 , An Ordinance of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Establishing a Water Conservation and Water Supply Shortage Program. 2. Reconfirm Level 1 of the Water Management Program. Alternative Action(s): 1. Do not adopt the amending ordinance. 2. Do not reconfirm Level 1 of the Water Management Program and direct staff to return to normal operations. 3. Direct staff to implement a greater stage of the Water Management Program. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2009 DEPARTMENT ID NUMBER: PW 09-46 Analysis: 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 comprised of Colorado River and State Water Project deliveries provided by the Metropolitan Water District of Southern California (MWD). 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. The groundwater basin is managed by the Orange County Water District (OCWD); OCWD sets an allowable basin pumping percentage (BPP). The BPP for the current water year is set at 62%. This means the City may meet up to 62% of its annual demand from groundwater and 38% from imported water. Based on current regional water supply conditions, MWD has prepared a drought allocation plan and declared a 10% allocation reduction limiting the amount of imported water available to its customers. Substantial penalties are charged to any agencies exceeding their allocation. MWDOC in turn has created a plan, modeled after the MWD plan, taking into consideration the local groundwater supply, to manage its allocation among its member agencies. Under this plan, a base year demand was determined using the average water use over calendar years 2004, 2005 and 2006 adjusted to reflect population growth and other factors. Based on the most recent version of the allocation plan, Huntington Beach has a base year water demand of 33,323 acre-feet (af = 325,851 gallons) and based on the current BPP, an imported water allocation of 12,146 af. 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 ordinance was revised and updated in August 2008 in response to the current drought that Southern California is experiencing. The program is implemented in stages depending on the severity of the water supply situation at the time. On March 23, 2009, the City Administrator and Director of Public Works implemented Level 1 of the program, which consists primarily of voluntary conservation measures. This action was confirmed by the City Council on April 6, 2009. Since that time, MWD created a model water management ordinance and made certain conservation program funding contingent upon member water retailers adopting an ordinance meeting their established criteria. The revised ordinance includes permanent water use restrictions regardless of whether a stage of the program has been implemented or not. These restrictions include: • Limits on Watering Hours • Limit on Watering Duration • No Excessive Water Flow or Runoff • Obligation to Fix Leaks, Breaks or Malfunctions within 7 days • Re-circulating Water Required for • Commercial Lodging Establishments Water Fountains and Decorative Must Provide Guests Option to Water Features Decline Daily Linen Services -2- 11/4/2009 1:37 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2009 DEPARTMENT ID NUMBER: PW 09-46 • Drinking Water Served Upon • Limits on Washing Vehicles Request Only • No Installation of Single Pass Cooling • No Installation of Non-re-circulating Systems to Domestic Water Supplies systems in Commercial Car Wash and Laundry Systems • Restaurants Required to Use Water Conserving Dish Wash Spray Valves These permanent, everyday restrictions are more stringent than the City's current Water Management Plan Level 1. Therefore, staff is requesting that City Council reconfirm a Level 1 water supply shortage. In addition to the permanent restrictions noted above, Level 1 of the Water Management Program put limits on watering days. During the months of April through October, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week, with 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 and again on a schedule established and posted by the City. In addition, all leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the City of Huntington Beach. Enforcement of the new ordinance will be done with existing Utilities Division customer service and water conservation staff. This currently includes 3 full-time employees and one recurrent. Due to these staffing restrictions, it is anticipated that initially enforcement will be on a reactive rather than proactive basis. Public Works Commission Action: Not applicable. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. 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). Attachmentls): . - Detc-ripii6d 1. Ordinance No. 3849 , An Ordinance of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Establishing a Water Conservation and Water Supply Shortage Program -3- 11/4/2009 1:38 PM ATTACHMENT # 1 ORDINANCE NO. 3849 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.18 OF THE HUNTINGTON BEACH MUNICIPAL CODE ESTABLISHING A WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region; and Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues; and Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to .meet current and future water supply needs; and Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof, and Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the City of Huntington Beach's potable water supply in the short and long- term and to avoid or minimize the effects of drought and shortage within the City of Huntington Beach. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 14.18.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 09-2079.001/39042 1 Ordinance No.3849 14.18.010 Title This chapter will be known as the City of Huntington Beach Water Conservation and Water Supply Shortage Program. SECTION 2. Section 14.18.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.18.020 Purpose and Intent a. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of Huntington Beach through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City of Huntington Beach to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. b. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. SECTION 3. Section 14.18.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.18.030 Definitions a. For purposes of this Chapter, the following words and phrases shall have the meaning hereafter set forth unless a different meaning is clearly intended from the context in which such word or phrase is used. Any word or phrase not herein defined shall have the meaning attributed to it in ordinary usage. l. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of City of Huntington Beach or any other user of water provided by City of Huntington Beach. 2. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. 09-2079.001/39042 2 Ordinance No.3849 3. "Large landscape areas"means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land. 4. "Single pass cooling systems"means equipment where water is circulated only once to cool equipment before being disposed. 5. "Potable water" means water which is suitable for drinking. 6. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations. 7. "Billing unit" means the unit of water used to apply water rates for purposes of calculating water charges for a person's water usage and equals 748 gallons. SECTION 4. Section 14.18.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.18.040 Application a. The provisions of this chapter apply to any person in the use of any potable water provided by the City of Huntington Beach. b. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services. C. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section 14.18.050(a). d. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. e. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of Federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans. 09-2079.001/39042 3 Ordinance No.3849 SECTION 5. Section 14.18.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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 use of a hand-water shut-off nozzle or device, 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 fifteen(15)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 (2) 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 seven (7) 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. 09-2079.001/39042 4 Ordinance No.3849 g. Limits on Washing Vehicles: Use 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. 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-re-circulating 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. 1. 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. in. 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. SECTION 6. Section 14.18.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.18.060 bevel 1 Water Supply Shortage a. A Level 1 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 1 Water Supply Shortage condition, the City 09-2079.001/39042 5 Ordinance No.3849 of Huntington Beach will implement the mandatory Level 1 conservation measures identified in this section. b. Additional Water Conservation Measures: In addition to the prohibited uses of water identified in Section 14.18.050,the following water conservation requirements apply during a declared Level 1 Water Supply Shortage: l. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week 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 (2) 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 seventy-two (72) hours of notification by the City of Huntington Beach unless other arrangements are made with the City of Huntington Beach. SECTION 7. Section 14.18.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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 approximately 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: 09-2079.001/39042 6 Ordinance No.3849 I. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week 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 (2) 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 forty-eight (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 & Spas: Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. SECTION 8. Section 14.18.080 of the Huntington Beach Municipal Code is hereby added to read as follows: 09-2079.001/39042 7 Ordinance No.3849 14.18.080 Level 3 Water Supply Shortage—Emergency Condition a. A Level 3 Water Supply Shortage condition is also referred to as an"Emergency" condition. A Level 3 condition exists when the City of Huntington Beach declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water Supply Shortage condition, the City of Huntington Beach will implement the mandatory Level 3 conservation measures identified in this section. b. Additional Conservation Measures: In addition to the prohibited use of water identified in Section 14.18.050, 14.18.060 and 14.18.070,the following water conservation requirements apply during a declared Level 3 Water Supply Shortage Emergency: 1. Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the City of Huntington Beach has determined that recycled water is available and may be applied to the use: i. Maintenance of vegetation, including trees and shrubs,that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device; ii. Maintenance of existing landscape necessary for fire protection; iii. Maintenance of existing landscape for soil erosion control; iv. Maintenance of plant materials identified to be rare or essential to the well-being of protected species; V. Maintenance of landscape with active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week according to the schedule established in Section 14.18.070(b)(1) and time restrictions in Section 14.18.050(a) and 14.18.060(b)(1); vi. Actively irrigated environmental mitigation projects. 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 twenty-four (24) hours of notification by the City 09-2079-001/39042 8 Ordinance No.3849 of Huntington Beach unless other arrangements are made with the City of Huntington Beach. 3. a. New Potable Water Service: Upon declaration of a Level 3 Water Supply Shortage Emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as, will-serve letters, certificates, or letters of availability)will be issued, except under the following circumstances: l. A valid, unexpired building permit has been issued for the project; or 2. The project is necessary to protect the public health, safety, and welfare; or 3. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City of Huntington Beach. This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. Or b. Limits on Building Permits: The City of Huntington Beach will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City of Huntington Beach's adopted conservation offset requirements. 4. Discontinue Service: The City of Huntington Beach, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section. 5. New Annexations: Upon the declaration of a Level 3 Water Supply Shortage condition,the City of Huntington Beach will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. SECTION 9. Section 14.18.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 09-2079.001/39042 9 Ordinance No.3849 14.18.090 Procedures for Determination and Notification of Water Supply Shortage a. The City's Director of Public Works and the City Administrator, or their designated representatives, are authorized and directed by the City Council to implement the provisions of this Chapter. The Director of Public Works shall make such rules and regulations as may be necessary, reasonable and proper 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. b. 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 existence of Level 1, Level 2 or Level 3 water supply shortage conditions shall be declared by Resolution of the City of Huntington Beach adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions, will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the City of Huntington Beach shall publish a copy of the Resolution in a newspaper used for publication of official notices. If the City of Huntington Beach activates a water allocation process, it shall provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the City of Huntington Beach customarily mails the billing statement for fees or charges for on-going water service. A water allocation process will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. C. 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 level of water conservation subject to ratification by the City Council within seven(7) days thereafter or such order shall have no further force or effect. SECTION 10. Section 14.18.100 of the Huntington Beach Municipal Code is hereby added to read as follows: 14.18.100 Hardship Waiver a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users,then the person may apply to the City Administrator for a waiver to the requirements as provided in this section. b. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person 09-2079.001/39042 10 Ordinance No.3849 using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. l. Application: Application for a waiver must be on a form prescribed by the City of Huntington Beach and accompanied by a non-refundable processing fee in an amount set by City of Huntington Beach resolution of the City Council. 2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. 3. Required Findings for Waiver: An application for a waiver will be denied unless the City Administrator finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of Huntington Beach or its Agent, all of the following: i. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; ii. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; iii. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of Huntington Beach to effectuate the purpose of this chapter and will not be detrimental to the public interest; and 4. Approval Authority: The City Administrator shall act upon any completed application no later than ten(10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved,the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the City Administrator will be final. SECTION 11. Section 14.18.110 of the Huntington beach Municipal Code is hereby added to read as follows: 09-2079.001/39042 1 1 Ordinance No.3849 14.18.110 Violation—Penalty a. Any person violating this chapter shall be guilty of a misdemeanor,punishable by a fine not exceeding one thousand dollars ($1,000)or by imprisonment in the county jail for a period not to exceed six (6) months, or by both fine and imprisonment. Each day that a violation of this ordinance occurs is a separate offense. b. In addition to any fines, the City may install a water flow restrictor device of approximately one gallon per minute capacity for service up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty-eight(48)hours. C. A person or entity that violates this ordinance is responsible for payment of the City's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the City before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. d. In addition to any fines and the installation of a water flow restrictor, the City may disconnect a customer's water service for willful violations of mandatory restrictions in this chapter. SECTION 12. Section 14.18.120 of the Huntington Beach Municipal Code is hereby added to read as follows: 14.18.120 Severability If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The City of Huntington Beach hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is declared invalid. SECTION 13. This ordinance shall become effective 30 days after its adoption. 09-2079.001/39042 12 Ordinance No.3849 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of December 2009. M or ATTEST: APPROVED AS TO FORM: City Clerk �-= l3,,i Ci Attorney t�1aq lo REVIE D APPROVED: INITIATED AND APPROVED: CivXddinistrator Director ofPuglic Works 09-2079.001/39042 13 Ord. No. 3849 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 November 16,2009, and was again read to said City Council at a regular meeting thereof held on December 7,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen 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 Fountain Valley Independent on December 17,2009. In accordance with the City Charter of said City Joan L. Flynn, Ci Clerk Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Adopt Ordinance Establishing a Water Conservation and Water Supply Shortage Program COUNCIL MEETING DATE: November 16, 2009 RCA ATTACHMENTS 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 Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Ej Bonds (If applicable) Attached ❑ Not 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 FOR MISSING ATTACHMENTS: U r "w REVIEWED F RE U NE'D FOR A DED Administrative Staff NOV - "1Q09 ) ( ) Deputy City Administrator (Initial).._._.,,,,_; City Administrator (Initial) City Clerk ( ) LANATION FOR RETURN OF IT M: (Below Space Fbr City ClerWs Use Only RCA Author: Ken Dills:jg