HomeMy WebLinkAboutWATER MANAGEMENT PROGRAM - 1991 - RESOLUTION 6228 COMMITMEN ORDINANCE NO. 310 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
! , FINDING THE NECESSITY FOR AND ADOPTING
VON!
A WATER MANAGEMENT PROGRAM
WHEREAS, the City Council of the City of Huntington Beach does
hereby ordain as follows :
SECTION 1 . The Huntington Beach Municipal Code shall be amended
to add a new chapter entitled Chapter 14 . 18 Water Management
Program, to read as follows :
14 . 18 . 010 Declaration of Policy. California Water Code
Sections 375 et seq. permit public entities which supply water at
retail to adopt and enforce a water management program to reduce the
quantity of water used by the people therein for the purpose of
conserving the water supplies of such public entity. The City
Council hereby establishes a comprehensive water management program
pursuant to California Water Code Sections 375 et seq. , based upon
the need to conserve water supplies and to avoid or minimize the
effects of any future shortage.
14 . 18 . 020 Findings . The City Council finds and determines that
a water shortage could exist based upon the occurrence of one or
more of the following conditions :
(A) A general water supply shortage due to increased demand or
limited supplies .
(B) A major failure of the supply, storage and distribution
facilities of the Metropolitan Water District of Southern
California, or of the City occurs .
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(C) A local or regional disaster which limits the water supply.
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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 .
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
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is hereby authorized and directed to file a Notice of Exemption as
soon as possible following adoption of this chapter .
14 . 18 . 040 Application. The provisions of this chapter shall
apply to all persons , customers, and property served by the City.
14 . 18 . 050 . Authorization. The City' s Director of Public Works
and the City Administrator, or their designated representative, are
hereby authorized and directed by the City Council to implement the
provisions of this chapter as specifically set forth in the Water
Management Program; provided however that, any actions taken by them
pursuant herewith shall be confirmed at the earliest practicable
time by the City Council .
14 . 18 . 060 Mandatory Conservation Phase Implementation. The
City shall monitor the projected supply and demand for water by its
customers . The Director of Public Works shall determine the extent
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of the conservation required through the implementation and/or
R termination of particular conservation stages in order for the City
to prudently plan for and supply water to its customers . The City
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Council shall direct the City Administrator to order that the
appropriate stage of water conservation be implemented or terminated
at any time it determines appropriate in accordance with the
applicable provision of this chapter . However, in case of local
emergencies as defined under the Huntington Beach Municipal Code,
the City Administrator shall have the authority to order the
implementation of the appropriate stage of water conservation
subject to ratification by the City Council within seven days
thereafter or such order of the Director of Public Works shall have
no further force or effect .
14 . 18 . 070 . Penalty. Any violation of this chapter is a
misdemeanor . In addition to any other remedies which the City may
have for the enforcement of this Ordinance, service of water shall
be discontinued or appropriately limited to any customer who
willfully uses water in violation of any provision hereof .
SECTION 2 . Effective Date and Publication. This chapter shall
become effective as of the date of adoption and shall be published
within ten days of adoption, pursuant to the California Water Code
Section 376 .
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PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on\ the day
of 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
Al'r r-
City Clerk - City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ity Administrator Director ,of Public Works
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Emergency Ord. No.
9 Y
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of
the City Council of the said City, do herby certify that the
foregoing ordinance was read to the City Council of the City
of Huntington Beach at a regular meeting thereof held on the
day of 19 and was passed and adopted by
at least four-fifths (4/5) affirmative votes of said City Council .
AYES: Councilmembers:
NOES: Councilmembers;
ABSENT: Councilmembers:
City Clerk and ex-offic io Clerk
of the City Council of the City
of Huntington Beach, California
f
w.
RE UES 10FOR CITY COUNCIL*CTION-
Q �
Date April 8, 1
Submitted to: Honorable Mayor and City Council
Submitted by: GOB
Michael T. Uberuaga, City Administra
Prepared by: Louis F. Sandoval , Director of Public Works
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Subject: ORDINANCE ADOPTING A WATER MANAGEMENT P¢ AM }
Consistent with Council Policy? (X] Yes ( ] New Policy or Exceptio
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Acti s, ttachments:
STATEMENT OF ISSUE
The current drought has caused the need to develop and implement
a Water Management Program. The ordinance authorizes the
adoption of a Program, but retains the Program as a separate,
flexible document.
RECOMMENDATION
1. Approve and adopt Ordinance #,� authorizing a Water
Management Program.
2. Direct staff to implement Stage I of the attached Program.
3. Authorize the use of Water Reserve Funds to provide necessary
staffing for the Program.
ANALYSTS
In response to the past five years of drought, limits have been
placed on the City' s available water supply. A Water Management
Program (WMP) is necessary to ensure an adequate water supply is
available to the citizens. The WMP contains three progressive
stages of restrictive water uses designed to meet specific water
use goals.
Ordinance # 5104 will authorize and direct the Director of
Public Works and the City Administrator to review the water
supply situation periodically, and determine the amount of
conservation, if any, required to maintain adequate domestic
supplies for the City. The appropriate stage of the Program will
then be presented to the Council for approval and authorization.
The WMP will be maintained as a separate document, so that
regular updates can be made without requiring an ordinance
Jt
P10 5/85
WATER MANAGEMENT PROGRAM
April 8, 1991
Page 2
change. As a new Program, some minor modifications of the WMP
should be expected. These changes could accommodate the addition
of new water sources, such as reclaimed water or desalinated
water which are not yet available. Significant operational
changes to the Program will be approved by the City Council prior
to implementation. It is intended that the entire WMP will be
updated and presented for approval annually. The WMP will also
provide a guide for water use in a sudden shortage such as a
regional or local disaster.
Implementation of Stage 1 of the Program will require additional
staffing for the Water Division prior to Fiscal Year 1991-92.
The addition of one full time Office Assistant II to respond to
customer calls and requests for information, and one recurrent
Customer Service Representative for field investigations is
requested.
FUNDING SOURCE
Water Reserve Funds to provide additional staff through July 1 .
Account E-EW-PW-920-3-85-00 has a current balance of $7, 800 to be
used for water conservation program materials.
ALTERNATIVE ACTIONS
1 . Do not approve the ordinance, and direct staff on how to
proceed. Effective May 1 , 1991 , retail agencies of MWD
without an adopted program to reduce water use may subject
to an increased penalty structure, if allocation limits are
exceeded.
2. Do not approve the ordinance, and direct staff and counsel
to include the WMP in the body of the ordinance.
3. Approve the ordinance, but do not implement Stage I and
direct staff on how to proceed.
ATTACHMENTS
1. Ordinance finding the necessity for and adopting a Water
Management Program.
2. Summary of the Water Management Program.
3. Water Management Program.
LFS:JRR: ld
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WATER ,
MANAGEMENT III
PROGRAM
III
April 1991
I
WATER MANAGEMENT PROGRAM
The Huntington Beach Water Management Program is intended to
reduce water demand to a level that matches the available water
supply. It is the responsibility of the municipal water agency
to assess needs , system capabilities and available supplies and
to provide a method to equitably share the water resources . The
program will be implemented when a sustained or an emergency
water shortage is imminent.
The program is presented in stages , however, the nature of the
water supply shortage will determine the appropriate stage to be
implemented. Anticipated shortages may allow staged programs . If
the severity of the water emergency increases , stages which
reduce demand more than the previous stage will be implemented .
Unanticipated emergency water shortages may require immediate
restrictive actions , without progressive stages .
Stage I ( Shortage 10% ) : Involves implementing voluntary
conservation measures; specific water use restrictions; regulated
irrigation times; review of City facilities water use; and a
coordinated public information program. In all stages, water
waste is prohibited. Penalties may be assessed for
noncompliance.
Stage II ( Shortage 10%-20% ) : All of Stage I , plus : additional
specific use restrictions . Appropriate water use allocations and
rate block structures will be determined, and a program for
rationing prepared. Strict enforcement of the penalty system for
violations .
Stage III (Shortage more than 20% ) : All of Stage II , plus , a
water rationing plan which includes water use allocations and
increasing rates structure is put in place . Specific limitations
on all nonessential water use. Restrictions to grading , hydrant
use and new construction permits will be requested.
If further shortages are imminent, the water rationing plan will
be accelerated. All nonessential water use , including irrigation
and grading will be prohibited. Outdoor water use will be
restricted to that necessary for public health and safety.
The Water Management Program includes ongoing monitoring of the
effectiveness of the imposed conservation measures and
restrictions. The estimated water savings at each stage will be
determined. If the demand is significantly disproportional to the
anticipated supply, then the stage of conservation will be
adjusted accordingly.
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IMPLEMENTATION STAGES
Stage I (Less than 1 0 e)
To be implemented if the anticipated supply of water available to
the City over the foreseeable future will be ten percent less
than the projected normal year demand. This stage combines
voluntary water use reductions and specific water use
restrictions including :
All Water Users
Prohibit the washing of concrete and other hard surfaces
including driveways, walkways and parking areas except as
required to maintain health or safety;
Turn off decorative fountains , ponds, lakes and pools
unless a water recycling system is used;
Retrofit indoor plumbing fixtures with low-flow devices if
appropriate; encourage low water using fixtures when
replacing existing fixtures;
Check faucets, toilets, pipes , irrigation systems and meters
for leaks and repair immediately;
Reduce interior and exterior uses of water whenever
possible to prevent water waste;
Require automatic cutoff valves on hoses when washing
vehicles or other items outside;
Encourage installation of pool and spa covers to minimize
water 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 beteen 7 : 00 p.m. and 9: 00 a .m.
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Adjust sprinklers and irrigation systems to avoid over-spray,
run-off and waste;
Encourage the installation of low water using plants
combined with hardscape materials , and energy efficient
irrigation systems when installing or replacing landscapes;
discourage replanting if possible;
Do not allow water to run off landscaped areas into
adjoining streets, sidewalks , parking lots or alleys;
Reduce irrigation times or frequency by 50% where possible;
Check faucets, pipes, irrigation systems and meters for
leaks and repair immediately;
If outside water connections are available, require
automatic cutoff valves on hoses;
Require vehicle washing be accomplished with a bucket rather
than running hose to the extent possible;
Eliminate draining and refilling of decorative ponds, and
fountains unless necessary for health and safety reasons .
Commercial/Industrial Use/Public Agencies
Adhere to all restrictions applied to all water users ,
including irrigation and outdoor water use;
Make plumbing and irrigation adjustments as recommended;
Restaurants shall serve drinking water only upon request;
Review operational water use, and determine possible
alternatives i .e. recirculating; automatic cut off valves;
Prohibit water use for cleaning of hard surfaces except as
necessary for health and safety reasons , or if a cleaning
machine equipped to recycle water is used;
Evaluate necessity or frequency of high water using
activities, such as, window washing, exterior walls or
other nonessential cleaning .
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She
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 1990 usage;
Industrial and Commercial
Request all air conditioner temperatures be set to 78
degrees , if possible, unless equipment recirculates water;
Allow access to the premises to by Water Division personnel to
conduct internal water use audits if requested;
City and Public Agencies
Implement applicable procedures required of all water users;
Prohibit use of water trucks for washing sidewalks and
watering landscaping;
Limit water use for street cleaning unless necessary for
health and safety reasons;
Limit water use for sewer cleaning to necessary amounts to
prevent or eliminate sanitation problems;
Reduce water system pressure during off peak hours if
practical .
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* Stage III ,Shortage ( 20 0 + )
All of Stage II plus:
All Water Users
Mandatory compliance with all restrictions;
Mandatory compliance with water use allocations;
Irrigation of greenbelts , golf courses, cemeteries, and
ornamental landscaping will be prohibited;
Strict enforcement of the penalty system for all users .
City and Public Agency Water 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.
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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 I
Implement a public information program which may consist of:
conservation packets and brochures; cable network programming;
water bill inserts; local newspaper information and speakers
bureau;
Make available upon request water saving bathroom kits
including shower flow restrictors and toilet displacement
bags;
Provide water conservation information and assistance to all
residents upon request;
Increase response to water waste reports at public facilities
and landscaped areas;
Review personnel and budgetary needs as necessary to respond
to additional customer service and administrative demands to
ensure a successful program;
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Stage II
Implement a surcharge of 50% of the domestic water rate to
irrigation meter water use in excess of 50% of comparable
period 1990 usage;
Prepare a plan for household allocation water use limits;
Prepare increasing block rate structure for excessive use .
Excessive use will be determined by the average water use for
the type of dwelling;
Respond to all reports of water waste; proceed with water
waste penalty implementation;
Provide additional programs as possible. Programs could
include water bill credits ( rebates ) for ultra-low flow toilet
installations; a low-flow shower head replacement program;
household water audits upon request;
Review staffing and budget allocations as necessary to
implement additional programs and customer service responses
to ensure a successful program;
Stage IIIIII
Implement the household water use allocation plan;
Implement increased block rate structure for all water use;
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Reporting, Enforcement and Penalty System
Reporting
If misuse of water is reported at a residence or business ,
the Water Division shall investigate the address in a
timely manner, usually within 24 hours .
Reports of violations should include the name and phone
number of individual making report . This information will
not be used except for documentation of the problem and
statistical information by the Water Division.
The Water Division will keep a separate log, by service
address, of investigations generated by water waste
complaints.
If through the course of daily activities, a City employee
observes a violation of water use, it should be reported to
the Water Division.
Response to Violations
Should violations of the plan be witnessed, reported or
apparent to Water Division personnel , they shall proceed
with the established investigation system.
Stage I response will be limited to public agency, irrigation
meter and commercial landscaping violations;
Stage II and III will include response to all reported
violations.
Investigation System
1 . First report
If personal contact with the resident can be made, the
Water Representative will make a verbal request to comply
with the requirements of the Program.
The customer will be provided with a copy of the
appropriate pages of the Program, a water conserving
tip sheet and a phone number to call if the customer
has any questions about the program. The customer will
be offered assistance and an explanation of the
Program.
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If personal contact with the resident cannot be made, a
notification will be placed in a visible area on or
near the primary access door whenever possible.
Second Report--Same Service Address
After verification through a field inspection, the
customer will be sent a written notification from the
Water Division requesting compliance. The letter shall
explain the violation, and inform the customer of the
penalties for further infractions , including financial
penalties, flow restriction and possible water
disconnection.
Third Report--Same Service Address
The letter will be the final attempt to resolve the
situation without penalty. It will advise that
immediate water disconnection will occur should the
situation be observed or reported again.
Fourth Report--Same Service Address
A flow restrictor will be inserted into customer' s water
meter;
Fifth Report--Same Service Address
Water will be disconnected, and the current established
penalty must be paid before service is restored.
Should the situation continue, the customer will be
notified by certified letter that he is in willful
violation of the ordinance, and the next occurrence- of
the incident will be reported to the Police Department.
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PUBLIC COOPERATION
Conservation actions to cope with emergency water shortages is
usually received with widespread response by the general public.
The public perception that there is a need for extraordinary
measures, some of which entail personal financial costs and/or
inconveniences, and an understanding of the effectiveness of the
prescribed actions is essential to gaining public support and
ready participation.
Consumer response to rationing programs is more predictable than
to other conservation measures, and these are generally the most
effective programs to achieve significant demand reduction. One
of the problems with a rationing system is in accurately
designing the program to achieve the reduction in demand to
correlate with the available supply while adversely impacting
citizens as little as possible. Although corrections can be made
to lessen the impact of a program proving to be too severe,
changing programs once they are in place tends to send a message
to the customers that the utility lacks resolve or understanding .
For this reason, the City must carefully plan the public
information program and emergency conservation actions .
The public information program should be aimed at the following
five basic groups : local decision makers ' ; governmental bodies;
industries, schools, businesses, homeowner' s associations , and
other groups asked to comply with specific use restrictions; news
media; and the general public. The first objective should be
providing information accurately and promptly.
It is important that the City demonstrates to the public that
they are doing everything possible to minimize the shortage.
Accurate information concerning supply status ( reservoir and
ground water levels) , conservation efforts , remaining supply, and
other pertinent information should be provided to all personnel
involved with public information, especially to those dealing
with the media.
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Water Allocation Methods
The key elements of a rationing program are that the resources is
shared as equitably as possible, and that customers are kept
informed about the status of the shortage. Rationing decisions
are expected to raise questions, and procedures to handle valid
exceptions and variances need to be a part of the program.
Rationing programs are usually patterned after one of the
following basic allocation plans :
* percentage reduction
* fixed allotment
* seasonal. allotment
* specific use bans
A percentage reduction assigns each customer class a consumption
goal as a percentage of the consumption level used in a similar
billing period during the past year. Fixed allotments allow a
specific amount of water to each user group based on customer
type and average use for similar residential or commercial uses .
The seasonal allotment is similar to the percentage reduction
except that the consumption reduction goal is varied, depending
on the time of year. Specific use bans prohibit water waste and
and are generally limited to outdoor uses and other non-essential
uses. The Huntington Beach plan proposes a combination of these
programs to provide guidelines for general water use allocations .
Fixed percentage reductions are easy to determine, however, this
method can be perceived as inequitable because it has the effect
of penalizing former water conservers, while rewarding those who
had previously used large water quantities Identical houses
could receive different water allotments . To avoid this
potential problem, a fixed percentage reduction will not be
applied across the entire customer base. Fixed percentage is
appropriate for public agencies, irrigation water use and public
facilities which have a wide variety of water uses . A 10% to 50%
reduction of certain uses can be made without significantly
impacting public health and safety.
Fixed allotment rationing establishes a customer' s water
consumption goal on a billing unit basis, calculated from an
estimate of essential or normal uses, and provides an average use
for each particular type of customer. Seasonal use fluctuations
will also be incorporated in the formula. These calculations are
generally based on meter size, number of dwelling units and
average consumption for type of use. A per connection allotment
is easy to implement, but does not specifically distinguish
between families with large water use requirements and those with
none. A fixed allocation is preferred from the standpoint that
each customer can determine their own water use priorities .
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Specific use bans are easy to implement and enforce. The
specific restrictions generally apply to outside water use
activities which can be limited or prohibited without significant
impact on most customers. These bans include regulation of
irrigation times; the hosing of hard surfaces; prohibiting water
waste; limiting the filling of pools and spas , etc .
Cooperation with each stage is mandatory unless a significant
financial hardship would be created through water limitations .
Also eligible for exceptions are proven medical , or other health
and safety needs . Variances in the established allocations will
be considered on an individual basis by a Variance Review
Committee appointed by the Director of Public Works. All
requests must be made on the form provided by the Water Division.
Variance Petitions
Variance petitions for additional allocations will not be
considered until after an excess water use fee occurs on a bill .
Variances may be requested based on any of the following
criteria:
* Extraordinary water use is necessary for documented medical
reasons
Correspondence to be sent directly from the medical
professional to the Variance Review Committee .
* The documented number of residents in a household makes
adherence to allocations impossible without detrimentally
affecting health and safety of the occupants .
* The designated allocation will cause unnecessary and undue
financial hardship on the applicant or public .
* The designated allocation will create an emergency condition
Petitions must be filed on the City' s form in person by the
customer of record or by a notarized application for non-resident
owners.
In addition, all variance requests must be accompanied by a water
use survey completed by the customer . Water use audits to the
establishment may be performed upon recommendation of the
Committee prior to further review of the request. The Committee
may deny or modify the variance and impose any water use
conditions it deems appropriate to the petitioner, providing that
granting of the petition will not adversely affect the water
supply or service to toher existing water customers.
Additional water allocations will be granted on a one time basis
per residence.
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Preliminary Use Allocations
Stage III
ype Average Use Allocation (100cf)
Residential
Single Family 35 Units 30 Units
Condo/Apt Unit 19 16
Irrigation Varies 50% of 1990
(comparable)
Commercial
Office Type 22 Units 18 Units
Special Uses
Laundromat Variable Must Show Proper
Auto Car Wash Variable Water Use
Restaurant Variable Methods
Industrial Variable Variable
4/91
WATER MANAGEMENT
SUPPLEMENTAL, ACTIVITIES
Activity
Title: Ultra Low Flow Toilet Rebate
Summary: offer a rebate of $75 . 00 of $100 .00 for installation
of a 1 . 6 gallon toilet in existing residences or commercial
establishments within the City ' s service area.
Target
Group: All water customers with a maximum of three per service
address .
Target
Result: Savings of up to 5 gallons per flush for each replacement
toilet .
Cost
Analysis: Up to $250 . 00 ( $100 . 00 for first and $75 . 00 for each
installation thereafter) per resident to be applied to water use ,
portion of Municipal Services bill .
Staffing
Requirements: Clerical staff time to maintain records and enter
credits to accounts .
Feasibility: Easily administered, potentially high cost in water
credits .
Administrative
Action: Establish format, honor all original receipts from
1 /1 /91 , spot check random installations or ask customer to sign
certification.
Alternative
Actions: Do not offer this type of program, or reduce dollar
amount to $50 . 00 and $25 . 00 (average cost for ULF toilet is
$100 00 excluding installation)
Comments:
*WATER MANAGEMENT PROGRAM
SUPPLEMENTAL ACTIVITIES
Activity
Title: Low Flow Shower Head Distribution
Summmary:Distribute 1 .5 GPM shower heads to the public at one or
two distribution points
Target
Group: All residential water users .
Target
Result: Reduce City wide consumption. Old style shower heads use
5 to 8 gallons per minute. Potential savings of 100 gallons per
person per day .
Cost
Analysis: In increments of 10, 000 . Cost is $2 . 89 each. Cost of
initial Program is approximately $29 , 000 . 00 .
Staffing
Requirements: 2 persons to staff each distribution point . Specific
hours and days of operation would reduce required staff time.
Feasibility: Very possible with excellent results when installed
properly. Potential water savings of 100, 000 gallons per day .
Administrative
Action: Set up distribution points (Water Operations, City Hall or
Library) . Complete form with service address, no. of dwelling
units, no. of persons per residence ( if possible) , Certification
Statements to ensure all water leaks at the residence are repaired
and shower head will be installed in the Huntington Beach service_
area.
Alternative
Actions: Possible distribution/exchange program with MWD. Cost is
one-half MWD' s cost. City service area information will not be
available Staff time is undetermined.
Comments-
. WATER MANAGEMENT
SUPPLEMENTAL ACTIVITIES
Activity
Title: Water Use Audits
Summary: Provide upon request of customers, an on site inspection
of water use fixtures (faucets, toilets, showers, irrigation
system) to check for leaks or over use . No repairs will be made.
Target
Group: Residential, apartment, non-industrial commercial.
Target
Result:Leak detection, customer service visibility.
Cost
Analysis: Labor and minor costs associated with documentation.
Average time per residence is one-half hour.
Staffing
Requirements: Minimum two full time customer service
representatives, 2-4 days per week, and clerical staff to
establish initial contact and set appointments .
Feasibility: Very possible, depends primarily on staff time
availability and the number of requests .
Administrative
Action: Train two-three individuals to perform audits, get
Legal Department o k for liability requirements, document actions
taken.
Alternative
Actions: Home and business self-audit form to be made
available upon request to all customers
Comments: Success rate and public relations impact will be greater
with on site response Actual water savings cannot be
predetermined
WATER MANAGEMENT PROGRAM
SUMMARY
The Huntington Beach Water Management Program is intended to
reduce water demand to a level that matches the available water
supply. The Program is designed 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. Actions by MWD and OCWD will have significant
bearing on the amount of water
Stage I (.Shortage 10%) : Involves implementing voluntary
conservation measures; specific water use restrictions; regulated
irrigation times; review of City facilities water use; and a
coordinated public information program. In all stages, water
waste is prohibited. Penalties may be assessed for
noncompliance.
Stage II (Shortage 10%-20%) : All of Stage I, plus: additional
specific use restrictions. Appropriate water use allocations and
rate block structures will be determined, and a program for
rationing prepared. Strict enforcement of the penalty system for
violations.
Stage III (Shortage more than 20%) : All of Stage II, plus, a .
water rationing plan which includes water use allocations -and
increasing rates structure is put in place. Specific limitations
on all nonessential water use. Restrictions to grading, hydrant
use and new construction permits will be requested. A system
for review of allocation variances is available.
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.
RU KLIC NOTICE o o 0
• ORDINANCE
NO.3104
AN ORDINANCE OF
THE CITY OF
Audwind r0 PUMM AdVWidBWBiluft d d klfWs indu ffg HUNTINGTON BEACH
of public modws by DOC[ @ of the 9UpWW Court FINDING THE
QfSfpY "� NECESSITY FOR �
Nw>bw MM4. .' 2% `tj 6l.8d . AND ADOPTING A
AQ401 June 11,ISM WATER MANAGEMENT
PROGRAM
WHEREAS, .the City
Council of the City of Hunt-
ington Beach does hereby
ordain as follows:
STATE OF CALIFORNIA t SE TIOh 1. The pal Cod
shall be4 amended to add
a new chapter entitle Chap-
County of Orange ter 14.18 Water Manage-
ment Program, to read as
follows:
14.18.010 Declaration of
i am a Citizen of the United States and a Policy. California WateF
Code Sections 375 et seq.
permit public entities which
resident of the County aforesaid: I am over the
supply water at retail to
age of eighteen years, and not a party to or manag and ement a entnforce a wateri•_
g program to
interested in the below ntitled matter. I am a reduce the quantity of
water used by the people
principal ,.Icgr. jai a1' 0� wend �C.4 r_a��•- therein for the purpose of
�....:..,p,... .,+., .� w u cs �a3� COAST unIL conserving the water sup-
plies of such public entity.
PILOT, a new paper of general circulation, The City Council hereby
establishes a comprehen- 7,
printed and pub shed in the City of Costa Me sive water management
program pursuant to Calif. ;1
County of Oran e, State of California, and orma Water Code Sections
375 at seq., based upon f
attached NoticeIs a true and Complete Copy the need to conserve water
supplies and to avoid or,
was printed an published In the Costa Me minimize the effects of any
future shortage.
Newport Beach, Huntington Beach, Fountai 14,18.020 Findings. The
City Council finds and de--
Valley Irvine, termines that a water short--
, th South Coast communities an age 'could exist based-
Laguna Beach ssues of said newspaper to Wt upon the occurrence of Is
one or more of the follow-i-
the issue(s) of: i( conditions: it
(A) A general water sup-i-
ply shortage due to in-s
creased demand or limited e I
supplies.
(B) A major failure of the'r
PPr1l 24, 1991 et.supply, storage and dM y
button facilities of the Met-h
ropolitan Water District of e H
Southern California, or of,y i
the City occurs.
C) A local or regional di-r
saster which limits the'-
water supply. ii-7
The City Council also ly
_ ano ay.„.. - - -JY
its customers. The Director
of Public Works shall deter- ,
mine the extent of the con-
servation required through
the implementation and/or
termination of particular j
conservation stages in
order for the City to pru-
dently 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 terminatedt
deciare un er penalty f perjury a r that the apP nP time it determines!-,
celi
o riate in accordance IJ
with the applicable provi-iJ
foregoing is tru and Corr sion of this chapter. How-
ever,in case of local emer-
gencies as defined under
April
G7ceCUted on r the Huntington Beach Mu-
Executed nicipal Code, the City Ad-
ministrator shall have the
at Costa Mesa., California. authority to order the im-
plementation of the appro-
priate stage of water con-
servation subject to ratifica-
tion by the City Council
within seven days thereaf.
Signature ter or such order of the Di-
rector of Public Works shall
have no further force or ef-
fect.
14.18,070. Penalty.Any vi-
olation of this chapter is a'.
misdemeanor. In addition
to any other remedies
w
which the City may have
PROOF OF PUBUCATION for the enforcement of this
Ordinance_seruica_of_water.
i
k0mizsd to Pubb h Advstft=W is d d kinds induding
public notims by Osass d Me& wW Cam of Orarps
Catsilq►.Cagani ti;i, Nurttbw A4Z14. Sop*nbw 29. 1951.and - • ^
A-24831 June 11.1963
STATE OF CALIFORNIA
County of Orange
am a Citizen of the United States and a
resident of the County aforesaid: I am over the
age of eighteen years, and not a party to or
interested in the below entitled matter. 1 am a
principal clerk of the ORANGE COAST DAILY
PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that
attached Notice is a true and complete copy as -Punic NOTICE i
was printed and published in the Costa Mesa, PUBLIC HEARING,
Newport Beach, Huntington Beach, Fountain City of
Valley Irvine, the South Coast communities and Huntington Beach
Ordinance
Laguna Beach issues of said newspaper to wit I adopting
"Water
the issue(s) of: Management
Program"
Date/Time: Monday,April
8, .1991, 7:00 PM - City
Council Chambers, 2000
March 29, 1991 Main Street, Huntington
Beach,California 92648.
The City Council of the
I City of Huntington Beach
!will consider the following:
Applicant: Department of
Public Works, Water Divi-
sion
Re jest: Adopt a Munick,,
pal Ordinance to include'
-a;
"Water Management ,;Pro-
gram". Ordinance adtho-
nzes the City Council to'im-
plement and terminate par.-
titular conservation stages
in-order for the City to-plan
for and supply water to'its
customers.
Environmental Status: Ex-
empt
On File: A copy of the
proposed ordinance and
the proposed Water Man-
agement Program docu-
ment are available for in-
spection by the public at1
the Water Operations Divi-
declare, under penalty of perjury, that the Sion, 19001 Huntington St.,}
Huntington Beach, CAI
foregoing is true and correct 92648.
All interested persons are!
invited to attend said hear
ing and express opinions
Executed on March 29 1991 or submit evidence for or,
against the ordinance as!,'
at Costa Mesa. Cafifomia outlined above. q.there are
any . further uestionsi
Please call Linda Daily,
Senior Analyst, at 536-
5921. i
City of Huntington!
Beach, By: Connie
Signature Brockway,City Clerk
Published Orange Coast
Daily Pilot March 29, 1991
5((f F308
PROOF OF PUBLICATION
NOTICE OF PUBLIC HEA&IING
.ordinance adopting "Water Management Program
ate/Timer Monday, April 8 , 1991 , 7 : 00 PM V CAOvnb+j-
7'A e- C..4y Covvc,% o-A-OA- C.,Lr a-A �i t+-'f 4*'✓2.p_� Cv,,%/ dCf D �'l.n
Department of Public Works, Water n5148I
Realxea ' Adopt a Municipal Ordinance to includes a " Water �
Management program" . ordinance authorizes the City Council to
implement and terminzi a particular conservation stages in order,
for the City to plan for and supply water to its customers ,
n�riranmt r tal—'I Exempt
Qn,,.,Ljlt. A copy of the proposed ordinance and the proposed Water
Manage-Ime xt Program document are available .for inspection by the
public at the Water operations Division, 19001 Huntington St.
Huntington Beach CA 92640.
All interested persons are invited to attend said hearing and
express opinions or submit evidence for or against the ordinance
as outlined above. If there are any further questions please
call Linda Daily, Senior Analyst, at 536-5921 .
C �4-Y ci-e �l�h,�,,;�,�f�h3.ecc4
y Cow,V, ro. cw-41" C$4, Cfe.'t
I }:OAv1 WATER OPE RAT IONS
CNOTICE OF PUBLIC HEABING
4-ky O fah�--!► - n SAG i`
Ordinance adopting "Water Management, program"
1 e- Y April 8 1.991 7 a 00 PM — �� CooKC. �'koyr.�
� t�'�T,'�m MC�X1C18 ► ► � -I-! �/ � J
-7-AG C.+� Cao ciI Off' +t. C.,Ljr 04 �'�h`ly.Ki�/ (�-C��c.'� WI/'� dCJ EJ /�frfnf�..nG'UJ°^
a2pl_caU Department of Public Works, Water D1V� !®
Request: Adopt a-Municipal ordinance to include a " Water u "
Management Program ' . ordinance authorizes the city council to
implement and terminate particular conservation stages in order
for the City to Plan for and supply water to its customers ,
Environmental Rtatuas Exempt
on Files A copy of the proposed ordinance and the proposed Water
Management program document are available for inspection by the
public at the Water operations Division, 19001. Huntington St.
Huntington Beach CA 92648.
All interested persons are invited to attend Paid hearing and
express opinions or submit evidence for or against the ordinance
as outlined above. If there are any further questions please
call Linda Daily, Senior Analyst, at 536-5921 .
k4-,Y Cj-, 9VA
V.ire, B e.,tCAVAj,
: . • .
J� 1 CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION .
HUNTINGTON BEACH
Gail Hutton Connie Brockway
To City Attorney From City Clerk
Subject Should Ordinance No. 3053 Date 12/11/90
be Repealed?
I have been informed that the Public Works Department is not planning to
hold a public hearing on Ordinance No. 3053 until April 1991 when it will
be part of the Urban Water Management Plan. Until then the records will
reflect that the city adopted an ordinance without a public hearing and
an ordinance that is also uncodifiable in its present form.
Should Ordinance No. 3053 be repealed?
cc: Mr. Uberuaga
1 -
IC
�• ' CITY OF HUNTINGTON BEACH
is INTER-DEPARTMENT COMMUNICATION
C�
HUNTINGTON BEACH
To Lou Sandoval From Connie Brockway
Director of Public Works City Clerk
Subject Public Hearing on Ordinance No. 3053 Date September 17, 1990
As the City Attorney's opinion states that a public hearing is necessary on
Ordinance No. 3053 will you provide the City Clerk's Office with a legal notice
so we may set for public hearing.
Also, the present ordinance as written is not codifiable. Please ask the
Attorney's Office to make it codifiable unless there is a reason not to do so.
Also, this ordinance will be effective immediately.
1 JrJPk
0994K
y
t H � •
go
CITY OF HUNTINGTON BEACH r
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH �Q
i i
To Connie Brockway From Gail Hutton
City, Clerk City Attorney
Subject Ordinance passed Date September 14, 1990
without public hearing
FACTS: City recently adopted a water conservation ordinance
without prior public hearing as required by law.
ISSUE: Does the failure to comply with the required prior public
hearing invalidate the ordinance adopted?
ANSWER: Yes.
DISCUSSION
Under the California State Water Code, section 375, it is
provided that "any public entity which supplies water at retail
for the benefit of the inhabitants therein may, by ordinance or
resolution adopted by a majority of the members of the governing
body thereof after holding a public hearing upon notice thereof
and making appropriate findings of necessity therefor, adopt and
enforce a water conservation program (Emphasis added)
Under the statute, the state prescribes in what mode or manner a
municipal corporation shall exercise the power granted therein
i.e. a duly noticed prior public hearing and appropriate findings
of the nececessity of the conservation program.
It is a well-settled rule that where a corporation relies upon a
grant of power from the legislature for authority to do any act,
it is as much restricted to the mode prescribed by the statute
for its exercise as to the thing allowed to be done. (Kerr v.
Enoch Pratt Free Library of Baltimore City, 54 F Supp 514)
It has been held that where the law grants a power and gives the
means of performing it, ordinarily its performance is compulsory.
(Matter of Hushion, 253 App Div 376, 2 NYS2d 256, citing
McQuillin. ) Therefore, the above directive as to the mode of
exercising the power conferred by the statute is mandatory.
CONCLUSION
Failure to comply with the requirement of the statute for a prior
public hearing invalidates the action taken. I recommend that
you arrange for a new notice of public hearing and at the hearing
make appropriate findings of necessity therefor.
Gail Hutton
City Attorney
attachment: Water Code S375
cc: Jeff Renna, Water Operations Manager
Lou Sandoval , Public Works Director
ORDINANCE NO. 3053
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
FINDING THE NECESSITY FOR AND ADOPTING
AN EMERGENCY WATER MANAGEMENT PROGRAM
WHEREAS, the City Council of the City of Huntington Beach does
hereby ordain as follows :
SECTION 1 . Declaration of Policy. California Water Code
Sections 375 et seq. permit public entities which supply water at
retail to adopt and enforce a water conservation 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 conservation
program pursuant to California Water Code Sections 375 et seq. ,
based upon the need to conserve water supplies and to avoid or
minimize the effects of any future shortage.
SECTION 2 . Findings . The City Council finds and determines
that a water shortage could exist based upon the occurrence of one
or more of the following conditions :
(A) A general water supply shortage due to increased demand or
limited supplies .
'(B) A major failure of the supply, storage and distribution
facilities of the Metropolitan Water District of Southern
California, or of the City occurs .
(C) A local or regional disaster which limits the water supply.
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,
-1-
' 1
•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 .
SECTION 3 . CEOA Exemption. The City finds that this Ordinance
and actions taken hereafter pursuant to this Ordinance 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 Ordinance.
SECTION 4 . Application. The provisions of this Ordinance shall
apply to all persons , customers , and property served by the City.
SECTION 5 . 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 Ordinance; provided however that , any actions
taken by them pursuant herewith shall be confirmed at the earliest
practicable time by the City Council .
SECTION 6 . 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
-2-
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 Ordinance. However, in case of local
emergencies as defined under the Huntington Beach Municipal Code,
the City Administrator shall have the authority to order the
implementation of the appropriate stage of water conservation
subject to ratification by the City Council within seven days
thereafter or such order of the Director of Public Works shall have
no further force or effect .
SECTION 7 . Penalty. As provided in Water Code Section 377, any
violation of this Ordinance is a misdemeanor. Upon conviction
thereof such person shall be punished by imprisonment in the county
jail for not more than 30 days, or by fine not exceeding one
A
thousand dollars ($1, 000 . 00) , or by both. In addition to any other
remedies which the City may have for the enforcement of this
Ordinance, service of water shall be discontinued or appropriately
limited to any customer who willfully uses water in violation of any
provision hereof .
SECTION 8 . Effective Date and Publication. This Ordinance
shall become effective as of the date of adoption and shall be
published within ten days of adoption, pursuant to the California
Water Code Section 376 .
-3-
-i
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 20th day
of August o 1990 .
Mayor Pro-Tempore
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney kS_q,)
REVIEWED AND APPROVED: INITIATED AND APPROVED:
4
G.
Administrat r �'�-- Director of Public Works
-4-
• �rd. No. 3053
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 9t_h day of "st
19 go and was again read to said City Council at a regular
meeting therof held on the 20th day of August 19 90 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell, Green, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays
City Clerk and ex-offic Clerk
of the City Council of The City
_, of Huntington Beach, California
Al
--
-721
As
-- --- — — --- -- 'r _.. — -----— �Lv{J ----
s ,
gn �
f
k
i tSII
p
water u es {
ithS_
ok `
By Pamela Lopez-Johnson
The Orange County Register
! FOUNTAIN VALLEY -"'In an effort to
mitgate the effects of Southern Califor-
nia'I s four year:drought, the,City Council
i on Tuesday passed a water,conservation
ordinance that may evenfually mutate
,mandatory compliance'or_-a $100 fine
The vote was r 4 0,, with Councilman
�'James Petrikin absent'
•The ordinance, effective Gct ,2, defines
>Hree conservation stages', which the city
may declare at anytime,-Mayor,. Laurann
Cook said.
During the first stage,the;citywould"ask
residents to:voluntarily eonser'V .water.
This;'stage will`be.announced if city offr
cials.feel„there-is.a-threat'that.Lwater,de-
mands will not be met.
The goal would be a
'Please>see,:WATER/6
j WATER: `Restrictions read
Y
FROM 1 zle that turns off and on; a bucket
10 percent reduction in water con- that holds five or fewer gallons; a
sumption. drip irrigation system.
The second stage,would be irri During the third stage, the con
plemented if the city cannot meet servation standards established in
its water demands.Residents with : stage two would be'in'effect; plus
addresses endin"gin an'even'num the following: _.
i
ber_would use water only on even ® Filling .and refilling swim-
numbered days Those,with<ad Ming pools,'spas and ponds:would
f dresses.ending in an"oid number be prohibited.
' would use water only on odd num ``�
® Watering golf,course areas,
tiered days. except-greens;;wouldabe prohibit- ;
During-,this time, the-city would ed `.Golf courses would use "re- ''
forbid lawn-watering and automat ,claimed water from the county
is sprinklerirrigation between-9 30 ,, wide Green Acres Project 1
f a;m. and 5:30:p.m,,; except when ® Washutg> stdewaIks, drive �
i reclaimed water is used First ways,parking areas,tennis courts,
time violators-could face a,$100 patios -and oXher,�paved areas.
fine would b'e prohibited
��_Watering would be permitted at ® Using waterfor air condi
any time during the second stage if toning would'be prohibited
any of the 'following met hodsfi'is Operatingfo 'ntainsgorSimi
used A hand held hose:with a noz �zs7lar structures would be prohilirted
- _ f -,.:
§376
R CODE WATER CODE cit ,
"public water agency means a Y
For the purposes of this. section,district, agency, other political subdivision of the state,
ency, authority, or any.
tion for state which distributes water to the inhabitants thereof, which is
or for except the
authorized by law to enter into contracts inr.agreemefacilitiesnts for ath the
water
>xcept as otherwise 1 or for financ gagreements
Califor- federal government for;a water supp Y law to submit such
!bmitting supply; and which is otherwise unvo redby
long-term debt to an. election
s of the � or contracts or any
other project
for the within such public water agency.ts 1978 ch 18 § 24 197s.
Table by Amended Sta
1,effective February
my other c4 Amendments: 2 deleted the comma after"1603" in subd
1978 Amendment:(1)Deleted "a"before"state" in subd(a); ( )
provides ara graph. Stats
ral relief (d);and(2)added the fifth p S p
ats 1977 ch 86 §3, set out as a note to this sec8ob in is own terms.
was amended by
ssistance, Note--St effective September 30, 197 Y
h federal 1978 ch 18 §2 and repealed,
following CHAPTER 3.5
;rnmental Water Conservation Programs
1977.1 r '
[Added by Stats 1977 ch 634 § 1, effective September 8, F
the state, ordinance or resolution: F
>r agricul- §375. Public .hearing: Adoption and enforcement by k
ds within Water-saving devices
6. Effective date of ordinance: Publication
§37
1978, and §376. Violation as misdemeanor
ordinance or resolution:
ons 1601, `
§ 375. Public hearing: Adoption and enforcement by y
Water-saving devices any public
te, if any, any other provision °f he b nefit the
the inhabitants therein
rater than Notwithstanding
entity which supplies water at retail fort a majority of the members of F.
may,,by ordinance or resolution adopted.by a,, ublic hearing upon, notice E
ues of the overning body thereof after holding, p therefor, adopt and
the g appropriate findings of necessity of water used
thereof and making - to reduce the quantity
ty of this enforce a water conservation program of conserving the"water suppliesi
by the inhabitants therein for the purpose for other than
public entity. Such'ordinance or `resolution ma
devices
tall not be of such p specifically,require the installation of wateru avong of this
to of such agricultural uses; other
county; district;'agency,
or any
xned b 10 which are designed to reduce water consumption. For the p rp ,s
y 1"public entity means a city; E r ;
tted to the' section, p , .
application p'olitical'subdivision of the state. t �.
Added Stats 1977 ch 634 §Qiffective September53 LA BJ 176.
:ricy which Watei rationing=The view from Marin County.
may make �. > '
Force for
vision e . § 376. Effective`date'of ordinance: Publication z
� ) olution adopted pursuant'to' Section l or ffresolu-
for of the Any ordinance
or resolution ordinance `
letion date upon adoption. Within ]0 days after its adoption, the
shall be published pursuant to'Section 6061=of:the Government Code
.0, 1978, if in
tion eneral circulation;:which, is-printed;:published,
controlla- full,in a newspaper-of,g er the,ordinance .or
hin;10 days,after; its=.'adoption in three public
;k Force is circulated,, district.
if-there is,no;.such newspap r
authority resolution shall be.poste _ .
places;within the district 1=�"] at�,lt `�'
)Lirstiarit t0 8, 1977. 45
Added Stats 1977 ch 634§11'September
ater Code] it Water Codel
� ,.:_ y
k { §377 • WATER CODE, WA'
e.
*^ �§377.,violation as misdemeanor Addy
From and.after the,^publication or posting of any ordinance or resolution
t
pursuant to Section 376, violation of a requirement of a water conservation; § 38
program adopted pursuant to Section 376 is a misdemeanor. Upon convict Not
tion thereof such person shall be punished by imprisonment in the county' age,
} jail for not more than 30 days, or by fine not exceeding one thousand dollars ma,
($1,000), or by both. neec
Added Stats 1977 ch 634 § 1, effective September 8, 1977; Amended Stats 1983 ch 1092 §406, effective;: autl.'
j September 27, 1983,operative January 1, 1984, not
Amendments: righ
} j 1983 Amendment;Doubled the fine. othe
Review of 1983 legislation. 15 Pac LJ 560. a Adder
j
t, witki
Revie.
CHAPTER 3.6 i § 38
Deference to Decisions b Local or Regional Agencies r
Y g g � For
[Added by Stats 1982 ch 867 §2.] agen
§ 380, Findings and declarations (a)
§ 381. Authority over conflicting law app;
§ 382. Authority to transfer surplus water mer,
§ 383. "Surplus water" neec
§ 384. Compliance with state laws
§ 385. Transfer creating concurrent services (b)
§ 386. Water transfer changes appi
§ 387. `. Time limitations # men
agen
Water marketing in California. (1988) 19 Pacific LJ 1165. �
the a
§ 380. Findings and declarations (c)
The Legislature hereby finds and declares as follows: purs
(a) The various regions of the state differ widely in the availability of water { L'iv
supplies and in the need for water to meet beneficial uses. agen
(b) Decisions regarding operations to meet water needs can depend in part forei
upon regional differences. agen
Addc(
(c) Many.-water management decisions can best be made at a local or Witki
regional level, to the end that local and regional operational flexibility will
maximize efficient statewide use of water supplies. § 38
(d) The authority granted by this chapter to local and regional public i prie
agencies, as defined in subdivision (a) of Section 65930 of the Government shay
Code and not including federal agencies, is in furtherance of the policy 1
declared in Section 2 of Article X of the California Constitution and in the
Section 109. dun
Added Stats 1982 ch 867 §2. dlv.
Witkin Summary(9th ed)Real Property §765. Add,
Review of.1982 Legislation. 14 Pac LJ 698.
W it'.t
§,381. Authorityover conflicting law ii
The authority of,local or regional public agencies pursuant to this chapter Nc
shall control`over any other provision of law which contains-more stringent bcl
limitations on the authority of a particular public agency to serve water for
use outside the agency, to the extent those other laws are inconsistent with Ad'
the authority granted herein. f wit
46 [t Water Code) I
i
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Connie Brockway From Gail Hutton
City Clerk City Attorney
Subject Ordinance passed Date September 14 , 1990
without public hearing
FACTS: City recently adopted a water conservation ordinance
without prior public hearing as required by law.
ISSUE: Does the failure to comply with the required prior public
hearing invalidate the ordinance adopted?
ANSWER: Yes .
DISCUSSION
Under the California State Water Code, section 375, it is
provided that "any public entity which supplies water at retail
for the benefit of the inhabitants therein may, by ordinance or
resolution adopted by a majority of the members of the governing
body thereof after holding a public hearing upon notice thereof
and making appropriate findings of necessity therefor, adopt and
enforce a water conservation program . . . " (Emphasis added)
Under the statute, the state prescribes in what mode or manner a
municipal corporation shall exercise the power granted therein
i .e. a duly noticed prior public hearing and appropriate findings
of the nececessity of the conservation program.
It is a well-settled rule that where a corporation relies upon a
grant of power from the legislature for authority to do any act,
it is as much restricted to the mode prescribed by the statute
for its exercise as to the thing allowed to be done. (Kerr v.
Enoch Pratt Free Library of Baltimore City, 54 F Supp 514)
It has been held that where the law grants a power and gives the
means of performing it, ordinarily its performance is compulsory.
(Matter of Hushion, 253 App Div 376, 2 NYS2d 256, citing
McQuillin. ) Therefore, the above directive as to the mode , of
exercising the power conferred by the statute is mandatory.
CONCLUSION ,
Failure to comply with the requirement of the statute for a prior
public hearing invalidates the action taken. I recommend that
you arrange for a new notice of public hearing and at the hearing
make appropriate findings of necessity therefor.
Gail Hutton
City Attorney
attachment: Water Code S375
cc: Jeff Renna, Water Operations Manager
Lou Sandoval , Public Works Director
f
WATER CODE WATER CODE
§"377
:ontraCts.with public water agencies "(d) The project will develop or conserve water before of the Drought Emergency Task Force may extend the
October 31, 1978,and will assist in mitigating the impacts of required completion date specified in subdivision (e) to a
requires an election for the purpose Of' the drought. date not later than September 30,.1978,if the director finds
that the project has been delayed by factors not controllable
rring the obligation to repay loans from the "(e) The construction of the project will be completed on P l
libited by the Constitution of the State of` or before the completion date, if any, required under the T the public water agency. If the Drought Emergency
federal act providing the funding,but not later than March Task Force is dissolved; the Director of Water Resources
procedure to submitting the proposal-to an shall exercise We authority vested in We Director of We
1, 1978" Drought Emergency Task Force pursuant to this section.
nbers of the governing body thereof, apply
crest thereon, and use funds made available cable,
The agency affirms that it will comply,where ap nd hit g �
)r�18 cable, with Sections 1601, 1602, and 1603 of the Fish and "This section shall remain in effect only until September
pursuant to any other federal act Game Code. 30, 1978, and as of such date is repealed, unless a later
ides emergency drought relief financing,or "Notwithstanding the provisions of this section,an agency enacted statute, which is chaptered before September 30,
3udget augmentations in 1977 for drought which applied for federal funds for a project prior to 1978,deletes or extends such date."
aired to obtain such federal funds pursuant January 1, 1978, may make application.to We Director of
,wing conditions exist: the Drought Emergency Task Force for extension of the Library References`
required completion date specified in subdivision(e). Fol- Waters and Water Courses 4-183(1).
or local governmental agency.
lowing receipt of an application for extension.We Director C.J.S. Waters§§ 228,235.
i many parts of the state, the agency has
[cultural, domestic, industrial, recreational, CHAPTER 3.5. WATER CONSERVATION PROGRAMS
m of jurisdiction of the agency.
:tuber 31,1978,and will assist in mitigating
Section
375. Adoption; public entities supplying water at retail; ordinance or resolution; procedure*
e, to Sections 1601, 1602, and 1603 of the 376. Ordinances or resolutions; effective date; publication or posting.
377. Violations; misdemeanor; punishment.
mpletion date, if any, required under the Chapter..5 was added by Stats.1977, C. 634, P. 2124, § 1, eff. Sept. 8, 1977.
ch 1, 1978.
to revenues of the system improved by the § 375. Adoption; public entities supplying water at retail;, ordinance or resolution; procedure
Notwithstanding any other provision of the law to the contrary, any public entity which supplies
tthority of this section shall be made on or water at retail for the benefit of the inhabitants.therein may,by ordinance or resolution adopted by a
majority of the members of the governing body thereof after holding a public hearing upon notice
agency shall not be exempt from any thereof and making appropriate findings of necessity therefor; adopt and enforce a water conserva-
is a
ic a an election if a petition requesting lion program to reduce the quantity of water used by the inhabitants therein for the purpose of
n within the public agency is presented conserving the water supplies of such public entity. Such ordinance or resolution may; for other
ter
torsion of an application for such federal than agricultural uses, specifically require the installation of watensaving devices which,are
nisdesigned to reduce water consumption. For the purposes of this section, "public entity" means a
city, county, district, agency, or any other political subdivision of the state.
water agency which applied for federal (Added by Stats.1977, e. 634, p. 2124, § 1, eff. Sept.8, 1977.)
ppltcation to the Director of the Drought
npletion date specified in subdivision (e) Library References
pro the Drought Emergency Task Force Waters and Water Courses-202.
lubdivtsion (e) to a date not later than C.J.S.Waters§ 280.
s been delayed by factors not controllable
Task Force is dissolved the Director of
Director of the,Droue lit>Emergencv Task § 376. Ordinances or resolutions; effective date; publication or posting
Any ordinance or resolution adopted pursuant to Section 375 is effective upon adoption. Within40
leans a city,district,agency,authority,or days after its adoption,the ordinance or resolution shall be published pursuant to Section 6061 of the
state, which distributes water to the Government Code in full in a newspaper of general circulation which is printed, published, and
>enter into contracts or agreements with circulated in the district. If there is no such newspaper the ordinance or resolution shall be posted
facilities fora water supply,and which is within 10 days after its adoption in three public places within the district.
contracts or any other project involving J (Added by Stats.1977, c. 634, p. 2124, § 1, eff. Sept. 8, 1977.)
ncy.
Amended by Stats.1978, c. 18, p. 76, § 1, Library References
Waters and.Water Courses 0=202.
C.J.S.Waters§ 280.
ie project is funded pursuant to Public Law 95_18,
to any other federal act subsequently enacted § 377. Violations; misdemeanor, punishment
77 which specifically Provides drought relief fr-
ar pursuant.to existing federal relief programs
mdget augmentations in 1977 for drought assist- From and after the publication or posting of any ordinance or resolution pursuant to Section 376,
violation of a requirement of a water conservation program adopted pursuant to Section 376 is a
a result of the severe drought now existing in misdemeanor. Upon conviction thereof such person shall be punished by imprisonment in the county
s of the state the agency has insufficient water jail for not more than 30 days, or by fine not exceeding one thousand dollars 1 000, or by both.
Wed to meet necessary agricultural, domestic,
recreational,,and;fish and wildlife needs within (Added by Stats.1977,c.634,p. 2124, § 1,eff.Sept.8, 1977. Amended by Stats:1983;c. 1092, § 406,
area or area:of jurisdiction of the agency: eff. Sept. 27; 1983, operative Jan. 1, 1984.)'
leietlona by asterisks * Addltlons in text are Indicated by underline; deletions by asterisks
13
s
1
CITY OF HUNTINGTON BEACH
•� INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Gail Hutton From Connie Brockway
City Attorney City Clerk
Subject Mr. Clancy Yoder's Inquiry regarding Date September 10, 1990
Ordinance No. 3053
Attached is Mr. Yoder's letter inquiring if a public hearing is needed on
Ordinance No. 3053 which was adopted 8/20/90. Mr. Yoder also included
information on Fountain Valley's ordinance.
I have informed Mr. Yoder that his letter will be answered by one of our City's
departments.
Mr. Yoder requested that copies of his letter be provided to the City
Councilmembers.
CC: City Administrator
Lou Sandoval, Director of Public Works
Mayor and City Councilmembers
0994K
lk
V � ?7 aJ f-7r�. /�--77.
0
-
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3
L 4t§ 1t { FfJ t
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1
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.v. vr)+ .x,- { ^'off ♦..° > r -' - r
city puts
water toles
'rt
By Pamela Lopez-Johnson
The Orange County Register
FOUNTAIN VALLEY -In an effort to
mitigate the effects of Southern Califor
nia's fotir-year,.drought,'the City.Council
on Tuesday passed.a ,water conservation
ordinance that may eventually.initiate
mandatory compliance or-a $100 fine
' The vote was 4-0, with Councilman
James Petrikin absent.
The ordinance,effective Oct.2, defines
three conservation stages,which the city
may declare at any time, Mayor Laurann
Cook said.
- 'During"the first stage,the city would ask
residents to ;voluntarily conserve_,water.
This.stage will be.announced if city offi
cials feeT,there.is a:threat that water. de
mands will not be met.The goal would be a
Please see WATER/6
WATER: Restrictions read
Y
FROM 1 zle that turns off and on a bucket
10 percent reduction in water con- that holds five or fewer gallons; a
sumption. drip irrigation system.
The second stage would be im- During the third stage, the con
plemented if the city cannot meet nervation standards established in
its water demands. Residents with stage two would be in effect, plus
addresses ending in an even num- the following:
ber would use water only on even ® Filling .and refilling swim
numbered days. 'Those.,with:, ad-', ming pools, spas and ponds would
s dresses ending in an odd`number '.be prohibited. A k
r would use,water only on odd-num ■'Watering golf course areas, 3
bered days. ;- except greens would be prohibit-
During this time, the_city would :; ed. .Golf courses would use .;re-
forbid lawn-watering Arid automat r .claimed water from,,,,,the county- '.
is sprinkler irrigation between`'9 30 wide:Green Acres Project .
a.m. and 5:30 p m ; except;when' ® Washing sidewalks drive Y'
reclaimed water is used First ways,parking areas,tennis courts,
time violators could face a�$100 patios and other, paved 'areas
fine'.' ;. would be prohibited
Watering would be permitted at ■I Using`water for air :condi
anytime'during the second stage if .homng;,would,be prohibited
any of':_the,following methods i is y r; -Operating fouiitams or semi
F used A hand held hose with a riot' r 7lar structures_would be prohibited `:
,.�'�'.tl�R>y'�'Yl. -F-' Y ^`5 Y..y'SS...MC .i�t• C
i -
r 4 r
CODE WATER CODE § 376
For the purposes of this. section, "public water agency" :means a city,
aion for district, agency, authority, or any, other political subdivision of the state,
or for except the state, which distributes water to the inhabitants thereof, which is
xcept as otherwise authorized by law to enter into contracts or agreements with the
Califor- federal government for a water supply or for financing facilities for a water
bmitting supply, and which is otherwise required by law to submit such agreements
of the ' or contracts or any other project .involving long-term debt to an, election
for the within such public water agency.
tlable by Amended Stats 1978 ch 18 § 1, effective February 24, 1978,
ny other Amendments:
provides 1978 Amendment: (1) Deleted "a" before "state" in subd (a); (2) deleted the comma after "1603"in subd
ral relief h (d); and(2)added the fifth paragraph.
3SlStarice, Note—Stats 1977 ch 86 §3, set out as a note to this section in the bound volume, was amended by Stats
7 federal 1978 ch 18 §2 and repealed, effective September 30, 1979, by its own terms.
'ollowing
rnmental CHAPTER 3.5
Water Conservation Programs
the State, [Added by Stats 1977 ch 634 § 1, effective September 8, 1977.1
b agricul- r
JS within § 375. Public .hearing: Adoption and enforcement by ordinance or resolution: 4
Water-saving devices
§ 376. Effective date of ordinance: Publication
978, and § 37T Violation as misdemeanor
ins 1601, ..._
§ 375. Public hearing: Adoption and enforcement by ordinance or resolution:
if any,
Water-saving devices t
titer than Notwithstanding any other provision of the law to the contrary, any public
entity which supplies water at retail for the benefit of the inhabitants therein
tes of the may, by ordinance or resolution adopted.by a majority of the members of
the governing body thereof after holding, a public hearing upon notice !
y of this thereof and making appropriate findings of .necessity therefor, adopt, and F
enforce a water conservation program to reduce the quantity of water used
III not be by the inhabitants therein for the purpose of conserving the dater supplies
of such public entity, Such :ordinance'or resohition may, for other than
of such agricultural uses; specifically require the' installation of water-saving'devices
red by 10 which are designed to reduce water consurnption: For the'pizrposes of this ;
ed to the ' section,I"public entity" means a city; county,' district, agency, or any-other
placation political'subdivision of the state. t -1: :
Added Stats 1977 ch�634 § 1,'effective September 8, 1977 ``.
y which f
Water rationing—The view from Marin County. 53 LA BJ ]76.
ay make
orce for
;ion (e). § 376. Effective`date'of ordinance: Publication •:,,.::
of the Any ordinance or resolution adopted pursuant`to' Section 375 'is :effective
[on date upon adoption. Within 10 days after its adoption, the ordinance or resolu-
1978, if Lion shall be published pursuant to'Section6061"•of:the Government Code in
introlla full in a newspaper:•of.general circulation ,which, is-printed;,published, and
Force is circulated.,in ,the,.district. If there is;no':.such newspaper the:ordinance-or
uthority resolution shall be,posted-within ;l0;days after; its adoption;in-three, public
1lailt t0 lj1aCCS',W1th1i1th6d1StIICti,4 2 o:i rY'J.C; fi lii)
Added Stats 1977 ch 634 § 1 'Sep—GM`bei 8, 1977. s�'t:il� 1;^:' '� V:' '' •.i r 1
de] 45
it Water code]
a ;.l §377 WATER CODE W
' 377. Violation as misdemeanor Ada
From and.after the,publication or posting of any ordinance or resolution. 3
pursuant to Section 376, violation of a requirement of a water conservation': §
program adopted pursuant to Section 376 is a misdemeanor. Upon convic•` No
j tion thereof such person shall be punished by imprisonment in the county; age
I jail for not more than 30 days, or by fine not exceeding one thousand dollars, ma
($1,000), or by both. ! nee
Added Stats 1977 ch 634 § 1, effective September 8, 1977; Amended Stats 1983 ch 1092 §406, effective_ aut.
September 27, 1983, operative January 1, 1994. not
Amendments: S rig,
1983 Amendment: Doubled the fine. oth
Review of 1983 legislation. 15 Pac LJ 560, Add
t„ 4 Witk
Revi
i
i
- CHAPTER 3.6 3 3,
Deference to Decisions by Local or Regional Agencies ! Fos
[Added by Stats 1982 ch 867 §2.] ; age
2
§ 380. Findings and declarations I (a)
§ 381. Authority over conflicting law s apr..
§ 382. Authority to transfer surplus water me!
§ 383. "Surplus water" ttt
§ 384. Compliance with state laws nee
§ 385. Transfer creating concurrent services (b)
i § 386. Water transfer changes app
§ 387, Time limitations me
Water marketing in California. (1988) 19 Pacific LJ 1165.
age
the
§ 380. Findings and declarations a (c)
The Legislature hereby finds and declares as follows; pur
(a) The various regions of the state differ widely in the availability of water s Dlv
supplies'and in the need for water to meet beneficial uses. age.
(b) Decisions regarding operations to meet water needs can depend in part rc
ao
upon regional differences. 1 g '
Add<
(c) Many _water management decisions can best be made at a local or t witk
regional level, to the end that local and regional operational flexibility will
maximize efficient statewide use of water supplies. # § 31
(d) The authority granted by this chapter to local and regional public I
agencies, as defined in subdivision (a) of Section 65930 of the Government Prit
Code and not including federal agencies, is in furtherance of the policy sb"
declared in Section 2 of Article X of the California Constitution and in the
Section 109. d`'�
Added Stats 1982 eh 867 §2. dlv
Witkin Summary (9th ed) Real Property §765. ti Adc
Review of,1982 Legislation. 14 Pac LJ 698. E Wit
381. Authority,over conflicting law § `
The authority.of local'or regional public agencies pursuant to this chapter bo
shall control over any other provision of law which contains more stringent 1
limitations'on the authority of a particular public agency to serve water for W`
use outside the agency, to the extent those other laws are inconsistent with Ad
the authority granted herein• j w'
46 (1 wale{codel 1
}
i
� r
�taoo. tc>
REQUEP FOR CITY COUNCIPACTION
Date March 4, 1991
Submitted to:
Honorable Mayor and City Council
Submitted by:
Michael T. Uberuaga, City Administrator
Prepared by: s'
Louis F. Sandoval, Director of Public WorknfL
Subject:
Water Management Program
Consistent with Council Policy? W Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachmen49
ts
Statement of Issue:
The Water Division of the Public Works Department has prepared a
Water Management Program to respond to the current drought. The
Program will be authorized by a City ordinance.
Recommended Actions:
1. Receive the attached Water Management Program Report for
analysis.
2. Direct staff to return to Council at a special meeting on
Monday, April 8, 1991, to adopt a more comprehensive Water
Conservation Plan and receive a long term Capital Improvement
and Financial Program that will assure long term water
availability.
Analysis:
The Water Division has developed a Water Management Program to
respond to the current water shortages. The program contains a
staged action plan which may be implemented upon Council's
direction after appropriate review and discussion.
The Program will authorize the Council to review the water supply
situation periodically, and determine the level of conservation
required to maintain adequate supplies for the City. The Water
Management Program will also provide a guide for water use in a
sudden shortage such as a regional or local disaster.
If kept as a separate document, the program can be updated without
ordinance revisions. Anticipated water savings have been
calculated using general water use records. Since public response
PI O 5/85
1 �
ry • 0
Request for Council Action
March 4, 1991
Page 2
can be unpredictable, only experience will show whether the
anticipated decreases in water demand are met. As a result, minor
modifications to the program may be necessary.
Resolution No. 5920, adopted September 19, 1988, authorizes the
implementation of a voluntary drought management program.
Restrictions and limitations include adjusting sprinklers;
regulating irrigation hours; prohibiting water waste; minimizing
water loss where possible; etc. If voluntary measures do not
achieve the conservation goal, the resolution directs a mandatory
conservation plan to be implemented.
To provide exemplary behavior, all City Departments are requested
to cooperate in an internal water management effort. The Public
Information and Public Works Departments will provide information
and assistance to all water users regarding water conservation.
Funding Source•
Resolution No. 6228, adopted November 19, 1990, authorized funds to
be transferred from E-EW-PW-922-2-05-00 to E-EW-PW-920-3-85-00.
This fund must be used exclusively for water conservation programs.
As of March 1, 1991, these funds total $26, 000.
Alternative Actions:
Not Applicable.
ATTACHMENTS:
1. Resolution No. 5920
2 . Resolution No. 6228
3 . Drought Update Dated May 15, 1990
4. Drought Update Dated September 5, 1990
5. Drought Update Dated February 4, .1991
6. Ordinance No. 3053
LFS:JRR:bb
r
RESOLUTION NO. 5920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ESTABLISHING POLICIES AND
PROCEDURES IN SUPPORT OF WATER CONSERVATION
WHEREAS , precipitation for the current year has been
substantially below normal , particularly in the watersheds of
the imported water supplies serving Southern Califdrnia ,
therefore the California Department of Water Resources has
declared 1988 to be a critically dry year , and many
communities in the state will suffer water shortages; and
A drought management program is essential to reduce the
risk and severity of water shortages should the drought
continue into 1989; and
The Governor of the State of California has requested the
cooperation and active participation of all public officials
and residents of the State of California in conserving water
supplies; and
The Metropolitan Water District of Southern California
( Metropolitan ) , in recognition of the critical water
conditions existing in the state, has notified the
agricultural industry within its service area of possible
curtailment of agricultural water deliveries in 1989 should
dry weather patterns continue; and
The fundamental responsibilities of the Municipal Water
District of Orange County (MWDOC) are to obtain water from
Metropolitan and other sources, to distribute adequate
supplies of high quality imported water to the public at the
lowest feasible cost , and to conserve such supplies in time of
shortages; and
1 _ 5920
b } Avoid watering in the hot part of the day and during
morning and evening peak hours ( 7:00 - 9 :00 AM and
4 :00 - 7 :00 PM) , and avoid watering on windy days;
c ) Install low water using landscapes and energy
efficient irrigation systems where appropriate;
d ) Turn off decorative fountains unless a water
recycling system is used;
e) Not hose down driveways , sidewalks and other paved
surfaces, except as required for health and safety
reasons;
f ) Install pool and spa covers to minimize water loss
due to evaporation ;
g ) Not waste water while washing cars , or other vehicles
and use a bucket or a hose with an automatic cutoff
valve;
h ) Retrofit indoor plumbing fixtures with low--_flow
devices as appropriate;
i ) Check faucets, toilets, and pipes ( both indoor and
outdoor ) , for leaks and repair immediately;
j ) Reduce other interior or exterior uses of water to
eliminate excessive waste .
SECTION 3. All restaurants are urged to serve water to
its customers only upon request , and to advise its customers
by appropriate written notification in all serving areas .
SECTION 4 . A phased program beginning with voluntary
measures to reduce water consumption will best achieve the
goal of conserving water supply without causing unnecessary
adverse economic consequences .
SECTION 5. If voluntary measures do not achieve the
goal of conservative- water use , this Council will consider the
adoption of a mandatory water conservation program. The staff
and legal counsel are directed to prepare such a program for
consideration by Council . -
3 _ 5920
1�
In recognition of the critical water conditions existing
in California , the MWDOC Board of Directors approved
Resolution No. 1352 on the California Drought on June 1 , 1988;
and
The Resolution requests every water supplier within
MWDOC ' s service area to alert its customers to the necessity
and means of saving water and to carefully monitor water uses
to prevent waste and requests every water supplier within
MWDOC ' s service area to develop and implement specific water
conservation measures; and
The City of Huntington Beach is a water supplier within
MWDOC ' s service area and has the power and authority to adopt
water conservation measures as appropriate within its
boundaries .
NOW, THEREFORE , BE IT RESOLVED by the City Council of the
City of Huntington Beach as follows:
SECTION 1 . The City Administrator and the Water
Department are authorized to implement a voluntary drought
management program to reduce the risk and severity of water
shortages should the drought continue in 1989 .
SECTION 2 . All water users within the - city are hereby
urged to restrict and limit their use of water in all
reasonable ways for the benefit of all people in the city this
year and in the years to come . These restrictions and
limitations include, but are not limited to the following:
a ) Adjust sprinklers and irrigation systems to avoid
over-spray, run-off and waste;
2 _ 5920
T '
• No. 5920
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
I , CONNIE BROCKWAY, the duly appointed, 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 the 19th day
of September 19 BB by the following. vote:
AYES: Councilmembers:
Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-officio Merk
of the City Council of the City
of Huntington Beach, California
5920
REQUEST FOR CITY COUNCIL AC ON
Date November 19, 1990
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T . Uberuaga , City Admi ni strato � F�Z
Prepared by: Louis F . Sandoval , Di rector of Public Works PP ROVED Y. CITY COUNCIL
Subject: Specific Account for Water Conservation
CITY CLERK
Consistent with Council Policy? [X] Yes ( ] New Policy or Exception .Z•Z 4
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
A Metropolitan Water District of Southern California (MWD)
pricing program allows a savings of $5 per acre foot on water, if
the funds are placed in a specific account to be used for water
conservation programs. A resolution stating this commitment is
required to participate in the program.
RECOMMENDATION
Approve and adopt Resolution No . G a L stating our
commitment to place specified savings from Seasonal Storage
Service into a special account.
ANALYSIS
MWD is encouraging all member agencies to conserve water. The
Seasonal Storage Service (SSS ) is a program in which imported
water is taken during the off peak months, and groundwater is
utilized during peak months .
In an effort to provide funding for local agency water
conservation and storage programs, MWD is reducing water costs by
$5 per acre foot if participants agree to place the savings in a
special account in the City ' s water budget.
With careful planning in 1989, the Water Division was able to
store over 10 , 000 acre feet during the SSS program. The savings
credit program has only been offered for water stored since July
1990. We anticipate storing 7 ,500 to 10 , 000 acre feet through
January when the SSS program is scheduled to end.
RECE. '/ EIS
WATER Di`.'''
CITY OF
HUNTINGTON BEACH
P10 5/85
� Y
' 1
Request for Council Action
Conservation Account
November 19, 1990
Page 2
Savings credits for Huntington Beach of approximately $15 , 000
have been earned since July 1990. These amounts are being held
by MWDOC and MCWD, until a resolution is submitted.
The credit will be determined from the purchased water billing
records . No checks will be issued, but the amount of the credit
will be transferred from the budgeted purchased water account to
the new conservation account.
The Water Division does not have money budgeted for a water
conservation program. Funds will be used to purchase materials
for public education programs . The savings account will permit a
conservation program to be implemented at no additional cost to
the rate payers .
FUNDING SOURCE
Not Applicable . The savings amount will -be used to fund the
conservation program in the 1991-92 budget.
ALTERNATIVE ACTIONS
Do not adopt the resolution, and permit MWDOC, WOCWB and MCWD to
utilize Huntington Beach' s funds for their own programs .
Do not adopt the resolution, and request to pay the additional $5
per acre foot for water to WOCWB and MWDOC.
Do not adopt the resolution, and direct staff on how to proceed.
ATTACHMENTS
Resolution No. 6 Z g stating the commitment to placing funds
in a specific account to be used for water conservation programs .
�. ;;. RESOLUTION NO. 6228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH STATING COMMITMENT TO PLACE SPECIFIED
SAVINGS FROM SEASONAL STORAGE SERVICE AND INTERRUPTIBLE
SERVICE INTO SPECIAL ACCOUNT
WHEREAS, the Metropolitan Water District of Southern California
(MWD) and the Municipal Water District of Orange County (MWDOC) have
adopted water rates, effective July 1 , 1990; and
The water rates for Seasonal Storage Service and for
Interruptible Service include a provision for a reduction in the
rate by $5 per acre-foot under the condition that the savings be
placed into a special account to be used to store or conserve water;
and
The City of Huntington Beach desires to participate in programs
to store or conserve water under the conditions specified by MWD and
MWDOC;
NOW, THEREFORE, be it hereby resolved that the City Council of
the City of Huntington Beach hereby states its commitment to place
the savings which will accrue, from the $5 reduction in rate of
Seasonal Storage Service and Interruptible Service, into a special
account to be used for programs to store or conserve water that will
be available to meet domestic and municipal demands .
G:
-1-
PASSED AND ADOPTED by the City Council of the City of Huntington
•^ Beach at a regular meeting thereof held on the 19thday.
..y
of Nnvpmher , 1990 .
Ma
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C ty Administrator Director of Public Works
_ ► '1- Gj p
fµ;
lx e
cs
-2-
a
CIY'Y'OF tl iUNT"INGTON OEACH
INTER-DEPARTMENT COMMUNiCA110N
e�r +cra+.ena�
To Michael T. Uberauga From Louis F. Sandoval
City Administrator Public Works Director
Subject Drought Report Date May 15, 1990
Attached is a short report on the Water Division's proposed
drought response activities. We have suggested two programs:
1) An action plan which consists of adjusting the City's own
water use: in order to set a good example; and increasing
public awareness of the need for water conservation..
2) A three phase conservation plan in the form of an ordinance,
to be implemented if necessary in the next few months.
We have included a copy of City Council Resolution #5920, passed
in September 1988. This resolution outlines the voluntary
conservation, requests, and authorizes a mandatory plan to be
prepared.
Please let me know if you have any questions, or would like more
detailed information.
LFS: ld
DROUGHT UPDATE
SUMMARY
California is currently in the fourth consecutive year of
drought. The lack of precipitation has caused record low amounts
of runoff in the watersheds that serve California's urban and
agricultural areas. Storage reservoirs throughout the state are
at critically low levels. This condition, combined with other
water supply limitations, has reduced the reliable water supply
for Southern California for 1990, and the next few years.
Orange County is better prepared for the effects of the drought
than many other areas of the state. Regional and local water
agencies are cooperating in an effort to reduce overall water
use, in anticipation of a continued lack of firm supply.
Huntington Beach is among the retail agencies tasked with cutting
back water demand by at least 10% of their projected 1990 levels.
There should be sufficient water to meet the demands of Southern
California through 1990. The supply for 1991 is uncertain. Even
if this coming winter brings above average precipitation, water
shortages will continue. The best way to ensure adequate .
supplies for the next few years in Huntington Beach is through a
. coordinated water conservation effort. The City' s goal is to
encourage sufficient water savings to increase carryover storage
and reduce the drawdown on the groundwater basin, without
adversely affecting the quality of life enjoyed by our citizens.
To meet this goal , the Water Division .encourages the
implementation of a voluntary water conservation program. The
focus of the program is:
1 ) Ensuring the City sets a good example in their own use.
2) Requesting voluntary conservation from all water users.
3 ) Promote smart water using ideas through a visible public
information campaign.
If these measures do not achieve the goal of conservative water
use, Council should adopt a mandatory water conservation program
for implementation when necessary.
FUTURE WATER SUPPLY PLANNING
The Orange County water community has been working to develop
facilities to drought-proof the region. Among the current
activities are increased county water storage facilities; water
conserving landscape ordinances; increased reclaimed water
facilities; desalination facilities and colored groundwater
treatment programs. All of these programs will help mitigate the
impacts of the next drought, but for now, conservation is the
best way to assure an adequate supply of high quality, low cost
water, without detrimentally impacting the quality of life in
Huntington Beach.
HOW THE DROUGHT IMPACTS HUNTINGTON BEACH
California is in the fourth consecutive year of drought.
The water supply for Southern California for 1990-1994 is unsure.
Huntington Beach is among the retail agencies tasked with cutting
back water demand by at least 10% of their projected 1990 levels.
The only way to ensure adequate future water supplies for
Huntington Beach is with a public water conservation effort.
In preparation, we should take the following actions:
* Internal Water Management
Reduce City water use wherever possible. Check all facilities
for leaks; reduce irrigation; eliminate hosing of sidewalks
where possible. Make all City employees aware of the water
shortage.
* Request Voluntary Conservation (Target 10% savings)
Make the public aware of the need for conservation and
request they control water wasting practices.
* Restrict Uses
Including irrigation hours; alternate day water uses;
automatic shut off nozzles on hoses; limit washing of hard '
surfaces.
* Provide Public Information
Water conservation publicity and advertising campaigns should
be increased.
* Waste Investigation
Train employees to assist customers in proper water use.
* Conservation Ordinance
Prepare a three phased mandatory conservation enforcement plan
to be ready for implementation by April 1991 .
Financial Impact
Based on $14 ,000, 000 in sales , the revenue shortfall to the
General Fund would be $210, 000. The Water Enterprise Fund will
have reduced expenses which will partially offset revenue losses.
GUIDE FOR A PHASED CONSERVATION PLAN
The mandatory conservation plan has not had all of the .details
worked out yet. In general the plan will consist of:
* Phase I Moderate Shortage (100)
Combined voluntary water use reductions and certain mandatory
water use regulations including:
Regulated irrigation times on residences, golf courses and
government and commercial facilities.
strong public information program which may consist of:
conservation packets and brochures; cable network programming;
water bill inserts; local newspaper information; increased
response to water waste reports.
* Phase II Serious Shortage ( 100-20%)
All of Phase I, plus:
Mandatory cutbacks on irrigation, street cleaning, system
flushing, car washing and all discretionary water uses .
A water waste penalty system including : written warning, house
call , flow restriction, financial penalties and shut off.
Prepare a plan for per capita water use limits .
Implement increasing block rate structure on excessive use.
Discourage the use of hydrants and water trucks used for
grading or cleaning.
* Phase III Critical Shortage ( 200 + )
All of Phase II plus :
Mandatory compliance with irrigation limits and other
discretionary uses .
Implement the per capita water use limits plan.
Implement increasing block rate structure for all water use.
Pressure reduction on the entire water system when possible.
Strict enforcement of the penalty system.
Limit the issuance of permits for hydrants and water trucks
used for grading or cleansing.
t Mi
CITY OF 1� UNTINGTC N BEACH
INTER-DEPARTMENT COMMUNICATION
HUMViGWN BEAa+
To From
- Lou Sandoval Linda Daily
1�
Sub CAO Weekly Report Date September 5, 1996
Water Operations
' 1. Water Supply Update
At the MWDOG Managers Meeting on August 28, MWD discussed the
imported water' supply outlook for 1991. All indications are that
it will be a drought year, 'with Municipal and Industrial (M & I)
user allocations of State Water Project water to be cut back for
the first time. The Agricultural users are in their fourth year
of limitations. The indicator reservoir (Oroville and Shasta
mainly) levels will be reviewed on September 30, the end of the
water year, to determine January 1 allocations.
MWD' s_ new program "Incremental Interruption and Conservation
Plan" is a rationing plan to begin January 1 . The details are
sketchy, but it appears that target goals for MWD deliveries will
be established based on water deliveries in 1989-90, adjusted for
growth. HB is showing about a 2% growth rate for new meter
installations. Based on' the State allocation shortage, MWD
anticipates the levels of conservation can be adjusted from month
to month. The first level will require a 5% savings on ALL MWD
water, and 15% on interruptible and seasonal storage water. HB
has not participated. in interruptible for three years, luckily,
because it would be "called back" next year. Based on this
formula, for 1991 the City must show at least a 9.5% reduction in
imported water use. Financial penalties of $394 per acre foot,
in addition to the real cost of $232., will . be assessed on the
excess water requested.
We will request implementation of Phase Jyof the Emergency Water
Management Plan at the October 1 Council Meeting.
Our water billing system is not a reliable tool for tracking our
water use, since it does not appear to follow through on adjusted
meter readings or meter changeouts. Also, the City water meters,
City vehicles and fire hydrant ,meters and are not billed through
the system and must be manually calculated. Our demand, and our
conservation success can only be accurately traced through our
production meters.
CAO Weekly-Water Operations
September 5, 1990
Page 2
a
2. We will again be participating in the MWD Seasonal Storage
Program, From October l through January 1 we will distribute
lant. MWD imported water, and pump a higher percentage of
groew,Ater .in the spring and summer. This program reduces the
demands on' the MWD system, and .-is very cost effective for us.
The program-will be eliminated January 1. We have asked the
Parks Dept °toAake system--water- for Central Park..-zather than
pumping. Their cooperation will help reduce our pumping
percentage during the SS program. We are trying to determine if
Meadowlark Golf Course could do the same.
We will request a press release on the Seasonal Storage program,
since it does change the quality of the water we serve. This is
the second year for the notification and this program. It's hard
to say if the article instigated or prevented calls, but we would ,
rather let people know about the upcoming changes especially
after the fluoride issue.
I will be happy to further explain either of these programs if
you have any questions. °
LD/tim
• REQUB0 FOR CITY COUNCID ACTION
Daft August . 6, 1990
.ubmitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator {
Prepared by: Louie F. Sandoval, Director of Public Wanks
Subject: ORDINANCE ADOPTING AN EMERGENCY
WATER MANAGEMENT PROGRAM
Consistent with Council Policy? (X j Yes [ l Now Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: •'
STATEMENT OF ISSUE
The current drought has created a need to develop and implement
an Emergency Water Management Program. The ordinance authorizes
the adoption of a Program, but retains the Program as a separate,
flexible document.
RECOMMENDATION
Approve and adopt Ordinance #•34040 for an Emergency Water
Management Program.
ANALYSIS
The past four years of drought , combined with new limits on
additional water supplies has created the need to have an
Emergency Water Management Program (EWMP) available for
implementation when necessary.
Ordinance # 3053 will authorize the Director of Public Works to
review the water supply situation periodically, and determine the
amount of conservation, if any, required to maintain adequate
domestic supplies for the City. The applicable phase of the
Program will then be implemented.
By keeping the EWMP as a separate document, it can be regularly
updated without requiring an ordinance change. Since this is a
new program, some minor modifications of the EWMP over the next
few years should be expected. These changes could accommodate
the addition of new water sources, such as reclaimed water or
desalinated water which are not yet available.
The EWMP will also provide a guide for water use in a sudden
shortage such as a regional or local disaster.
P1O 5/85
ORDINANCE NO. SOS 3
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
FINDING THE NECESSITY FOR AND ADOPTING
AN EMERGENCY WATER MANAGEMENT PROGRAM
WHEREAS, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1 . Declaration of Policy. California Water Code
Sections 375 et seq. permit public entities which supply water at
retail to adopt and enforce a water conservation 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 conservation
program pursuant to California Water Code Sections 375 et seq. ,
based upon the need to conserve water supplies and to avoid or
minimize the effects of any future shortage.
SECTION 2 . Findings . The City Council finds and determines
that a water shortage could exist based upon the occurrence of one
or more of the following conditions :
(A) A general water supply shortage due to increased demand or
limited supplies .
(B) A major failure of the supply, storage and distribution
facilities of the Metropolitan Water District of Southern
California, or of the City occurs .
(C) A local or regional disaster which limits the water supply.
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, 3
county jail for not more than 30 days, or .by fine not :exceeding one
thousand dollars ($1,000 . 00) , or by both. In addition -to any other
remedies which the City may have for the enf:orcement of this
Ordinance, service of water .shall be di-scontinued .or -appropriately
limited to any -customer who willfully uses wager in violation of any
provision hereof .
SECTION 8 . -Effective .Date :and Pub1.1c.a:ti.o.n. This Ordinance
shall become effective as of the :date of -ado-ption and shall be
published within ten .days of adoption, pursuant to the ..California
Water Code Section .376 .
PASSED AND ADOPTED by the City Council o.f the City of Huntington
Beach at a regular meeting thereof held on the day
of 1:990 .
,II
i
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorne J'^%o--c3�
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ACityinistrator Director of Public Works
f
-3-
GUIDE FOR A PHASED EMERGENCY WATER MANAGEMENT PROGRAM
* Phase Moderate Shortage (100
Combined voluntary water use reductions and certain mandatory
water use regulations including:
Residential , Com ercial and Industrial
Limit the washing of concrete and other hard surfaces
except as required to maintain health or safety;.
Turn off decorative fourrntains unless a water recycling
system is used;
Retrofit indoor plumbing fixtures with low-flow
devices as appropriate;
Check faucets, toilets and pipes (both indoor and outdoor) ,
for leaks and repair immediately;'
Encourage the installation of low water using plants
combined with hardscape materials, and energy efficient
irrigation systems when installing or replacing landscapes;
Reduce interior and exterior uses of water to eliminate
excessive waste;
Irrigation Uses:
Regulate irrigation times on residences, golf courses ,
cemeteries and government and commercial facilities
including :
Odd-even address irrigation day
Schedule irrigation times before
7 : 00 am and after 7: 00pm
Avoid watering on windy days when possible
Request adjustment of sprinklers and irrigation systems to
avoid over-spray, run-off and waste.
Residential Uses:
Request automatic cutoff valves on hoses when washing cars
or other items at the residence;
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; fl
•
Pressure reduction on the entire water system if and when
possible.
Strict enforcement of the. penalty system.
Limit the issuance o.f: permits for hydrants and water trucks
used for grading or cleaning.
G� •
1
J0. C
&T
ow INTER-DEPARTMENT COMMUNICATION
�x+�r+croa e�ni
To Honorable Mayor and . From Jeffrey R. Renna
City Council Water Operations'Sager
Subject $atwency water Date August 15, 1990_.
�ainagesent Flan
Proposed Ord naiace no. 3053
Per your direction given at the City Council meeting of August 6,
1990, the subject ordinance has been amended. The amendments were
made to Sections 5 and. 6 of the ordinance.
As now written, the City Council wi}1 be the authority recognized
to order the appropriate stage of water .conservation to be
implemented or terminated in accordance with the applicable
provisions of the ordinance. The Director of Public Works was the
authority identified _in the first reading. An additional change
allows that, in case of ettergency, the City Administrator shall
have the authority to order the appropriate stage of conservation
subject to ratification by City Council within seven days.
It is recommended that your Honorable Body adopt this ordinance as
amended.
JRR:bb
cc: Michael T. Uberuaga, City Administrator
Louis F. Sandoval, Director of Public Works
Connie Brockway, City Clerk
w
1. s • ...
s • .
:li CITY OF HUNTING70N REACH
INTER-DEPARTMENT COMMUNICATION
Nu+r.�croN quo+
To Mike Adams From Jeffrey R.. Renna
Community Development Water Operations
Subject ENERGY AND WATER REPORT Date November 10, 1989
Conservation of our domestic water supply is a major concern for
the City for a number of reasons, particularly with the limited
sources and supply available throughout California.
In. June 1988, Boyle Engineering completed the Water System Master
Plan. In this Plan, water conservation methods were addressed.
The following is a summary of some of the measures the Water
Division will be utilizing:
Leak Detection Program:
There are some simple ways of detecting leaks in the water system
ranging from visual observations to water consumption studies for
some areas. There are more sophisticated ways which would have a
higher degree of. accuracy, such as use of a leak detection
sounding device, that will be utilized beginning this year.
Residential Audits and Toilet Repair Program:
Through . an audit of. resdential .neighborhoods,. our service
n personel maybe able o`t detect unusual_ water consumption by
customers, and notify them with a door hangers of the possibility
of leaks within their homes. The meter readers could be trained
to observe potential problems during the regular reading routes.
Customers with above normal consumption often request assistance
in locating water leaks and plumbing problems. We currently
schedule walk .throughs to verify high water consumption, at the
customer's request. An increased visibility of our residential
water audit program is being considered as one method to improve
customer relations and prevent Water waste.
Low Volume Plumbing Fixtures:
The City has adopted ,as .part of conditions of approval for.- all
developments the incorporation of low-volume fixtures into the
design of all residential and commercial water systems. The
existing state laws satisfy most of our requirements in this area
and are easy to implement.
Federal legislation is. also considering similar plumbing
requirements through bills such as "National .Plumbing Products
Efficiency Act of 1989."
Reclaimed hater Use:
The City has implemented a reclaimed water use program•, Green
Acres Project, with water provided by Orange County Water
District. This program uses treated water for irrigating parks,
golf courses, green belts, school grounds, some industrial
applications, and in some new areas such as the Ellis/Golden West
quarter section, individual lots within developments. A
reclaimed water line installation requirement during development
is essential to this program as it is much more cost effective
than retrofitting.
Over the next five years, OCWD will be expanding their program
and extending reclaimed water availability to many areas of the
City. Plans are currently underway to construct appropriate
water lines throughout the' City. Among the potential customers
of the Green Acres project in our city are: Golden West College,
Huntington Central Park, and Huntington Seacliff Golf Course.
These three sources alone account for approximately two percent
of the total demand on our water system.
Regulating Water Efficient Landscaping_
The City has adopted as part. of it's Conditions of Approval , in
recent developments, the incorporation of low water use plants
and turf for landscaping designs. Since as much as 50% of all
water use is outside, this program is an effective way of
reducing the total demand for water on our system. A major
factor in landscape water use is linked to modifying attitudes
with an aggressive community relations program.
Many cities and counties have adopted low water use plants and
irrigation methods into landscape standards as a part of the
planning requirements . It is worthwhile to consider such a
program in Huntington Beach. This would involve a landscape plan
check by the Landscape Department, who are anxious to cooperate
in this program.
The state required Urban Water Management Plan must be updated by
the end of 1990. This five year plan is a guide to water
conservation measures which will be undertaken by the City.
Copies will be made available to interested parties.
There are always innovative ways of conserving water and this
Division will incorporate appropriate new ideas for inclusion in
conservation policies. Should you or your staff have any
questions or would like more information, please call Eric
Charlonne, Linda Daily or me at extension 5921 .
JRR:Ee:bb
Attachments
Mitigation Measures
With the implementation of the following mitigation measures ,
the major impacts to the City's water system can be reduced
significantly.
1. Development of the proposed project should occur concurrently
with the development of the City's wateK system improvements to
allow for adequate water service to the site.
2. Irrigation systems which minimize water waste shall be used
to the greatest extent possible. Such measures will include
such features as.
a. Raised planters and berming in conjuction with closely
spaced low volume, low angle (22 1/2 degrees) sprinkler
heads
b. Drip irrigation.
C. Irrigation systems controlled automatically to ensure
watering during very early morning or evening hours to
reduce evaporation losses and decrease demand during
peak water use hours _
3. Minimize the use of lawns and utilize drought tolerant grasses .
if lawn is necessary.
4. Use pervious paving material whenever feasible to reduce,
surface runoff and aid in groundwater recharge-
S. Control slopes and grades to discourage water waste .-through
runoff.
6. Developers shall provide information to occupants regarding
benefits of low water use landscaping and sources of
additional assistance for domestic and irrigation water
conservation procedures.
7. Landscaping shall use only low water demand s_oecies and
irrigation systems designed to minimize water waste. The
use of mulch extensively in all landscaped areas where
appropriate is strongly recommended.
8. Complete landscape and irrigation plans shall be submitted
to and approved by the Water Division prior to installation.
9. Should the City implement and connect to the reclaimed water
system for irrigation purposes , the project developers shall
provide water line facilities to access such water.
10. All water conservation measures as required by state law and
plumbing codes shall be required, including 'but not limited to
low flush toilets, low flow showers. and faucets , hot water
line insulation and low water using appliances_
Except for short-term, construction-related impacts, which may affect
local pedestrian and vehicular circulation, no significant or adverse
impacts related to electrical supply are anticipated.
Mitigation Measures
Although no significant or adverse impacts related to utilities have been
identified, various conservation measures to reduce the consumption of water
and energy supplies, thereby minimizing loads on utility facilities, are either
required by law or recommended by utility purveyors, as follows:
i . To reduce loads on water and sewer facilities, the following measures are
required by State law:
a) Health and Safety Code Section 1-7921 .3 requires low-flush toilets
and urinals in virtually all buildings as follows:
"After January 2, 1983, all new buildings constructed in this state
shall use water closets and associated flushometer valves, if any,
which are water-conservation water closets a.s, defined by American
National Standards Institute Standard A112.19.2, and urinals and
associated ftushometer valves, if any, that use less than an average
of 1-1/2 gallons per flush. Blowout water closets and associated
ftushometer valves are exempt from 'the requirements of this sec-
tion."
b) Title 20, California Administrative Code Section 1604(f) (Appliance
_Efficiency tand irds) establishes efficiency standards that give the
maximum flow rate o all new showerheads, lavatory faucets , and
sink faucets, as specified in the standard approved by the Ameri-
can National Standards Institute on November 16, 1979, and known
as ANSI A112.18.1M-1979.
c) Title 24 of the California Administrative Code Section 2-5307(b)
(California Energy Conservation Standards for New Buildings)
prohibits the installation ot tixtures unless the manufacturer has
certified to the CEC compliance with the flow rate standards.
d) Title 24, California Administrative Code Sections 2-5352(i) and (j)
address pipe insulation requirements, which can reduce water used
before hot water reaches equipment or fixtures. These require-
ments apply to steam and steam-condensate return piping and recir-
culating hot water piping in attics, garages, crawl spaces, or
unheated spaces other than between . floors or in interior walls.
Insulation of water-heating systems is also required.
e) Health and Safety Code Section 4047 prohibits installation of resi-
dential water softening or conditioning appliances unless certain
conditions are satisfied. Included is the requirement that, in most
instances, the installation of the appliance must be accompanied by
water conservation devices on fixtures using softened or conditioned
water.
3-86
f) Government Code Section 7800 specifies that lavatories in all public a
facilities constructed a ter anuary 1 , 1985, be equipped with
self-closing faucets that limit flow hot water.
2. Water conservation measures which should be implemented where applica-
ble, include:
a) Interior:
-- Supply line pressure: Water pressure greater than 50 pounds
per square inch (psi) be reduced to 50 psi or less by means
of a pressure-reducing valve.
-- Drinking fountains: Drinking fountains be equipped' with
self-closing valves.
-- Laundry facilities: Water-conserving models of washers be
used
Restaurants: Water-conserving models of dishwashers be used
or spray emitters that have been retrofitted for reduced flow.
Drinking water be served upon request only.
-- Ultra-low-flush toilets: 1-1/2 gallon per - flush toilets be
installed in all new construction.
b) Exterior:
-- Landscape with low water-using plants (xeriscape) -
-- Minimize use of lawn by limiting it to lawn-dependent uses ,
such as playing fields. When lawn is required, use warm
season grasses.
-- Group plants of similar water use to reduce over-irrigation of
low-water-using plants.
Provide information to occupants regarding benefits of low-
water-using landscaping and sources of additional assistance.
-- Use mulch extensively in all landscaped areas. Mulch applied
on top of soil will improve the water-holding capacity of the
soil by reducing evaporation and soil compaction.
-- Install efficient irrigation systems that minimize runoff and
evaporation and maximize the water that will reach the plant
roots. Drip irrigation, soil moisture sensors, and automatic
irrigation systems are a few methods of increasing irrigation
efficiency.
Use prt//o o
evious paving material whenever feasible to reduce
surface water runoff and to aid in ground water recharge.
3-87
-- Grade slopes so that runoff of surface water is minimized.
-- Investigate the feasibility of using reclaimed waste water,
stored rainwater, or grey water for irrigation.
-- Encourage cluster development, which can reduce the amount
of land being converted to urban use. This will reduce the
amount of impervious paving created and thereby aid in
ground water recharge.
3. Energy conservation measures to reduce demand for electricity and
natural gas include:
a) Compliance with Title 24 of the California Administration Code
(California Energy Conservation Standards for New Buildings) .
b) Orientation of buildings and roof planes to maximize solar exposure
for rooftop-mounted solar water heating panels_
c) Orientation of buildings, architectural features and landscaping
treatments which maximize shade available to indoor living spaces
during summer months and which maximize sunlight available during
winter months.
3-88
Given to T surer's Office and
Water Divin Staffs 2/14/91
- Drought Response In Huntington Beach
GENERAL
How bad is the water situation?
Bad, but not as bad as it will be this spring and summer. Water
deliveries may be cut by 50% by August. It will depend on how much
rain and snow we receive in the next two months.
Does everybody have to cut back 20%?
No. The City' s allocation from MWD has be cut by 20% from it' s
1989/90 amount. Some customers have to cut back 50% if they have
been overusing, some customers have been cutting back for the past
three years and maybe close to minimal water use.
Do I have to conserve?
Yes . For two reasons. We can' t wait for the "other guy" to save
water. Every water customer in the City is "the guy" that can
help avoid severe rationing. Voluntary conservation is not
working. There has been no decrease in water usage in the City
over the past three months.
RATIONING
Will we have water rationing? When?
Yes, it appears to be unavoidable. Specific use restrictions may
be enforced in the next month. These are forced conservation
measures (not overwatering, hosing pavement, require cut off
nozzles on hoses, etc. ) Giving specific amounts of water (actual
rationing) will be implemented when necessary, for sure by the end
of the summer, maybe sooner.
Rationing is no longer considered to be a last resort. It may be
the only way to have any water available for next year.
How much water will I get?
The current plan (not yet approved by Council) will use an overall
water use per single family dwelling (3/4" meter) . This is
a City-wide, three year average with growth taken into
consideration. Average consumption is now 35 units of water
(26, 000 gallons) per 60 day billing period. The target use is 30
units of water (22, 500 gallons) per 60 day billing period.
We have intentionally not asked for a percentage cut. This
penalizes people who are already saving, and allows water wasters
to receive a higher allocation. We do not use one particular year
as a base year for water use figures.
Will you tell me -when we start rationing?
YES. YES. YES. It will be in the water bill, newspapers, Channel
3, and separate mailers to all City residents. Public information
meetings will be held over the next 2-3 months to answer all
questions. (Yes, we will notify on Channel 3 and newspapers).
Will there be appeals or exceptions?
Yes. On an individual basis, but not until at least a billing
period when rationing is completed.
REBATES
Will there be a rebate program?
Yes. We have not yet determined how much, but will honor receipts
and installations from January 1 , 1991 .
APARTMENTS
I live in an apartment, should I worry about saving water?
Yes. Most apartment water use is interior. Report all leaks, and
make sure they get fixed. Apartments (and condos) will be
penalized for overuse just like single family residents. Watch for
overwatering outside and don' t allow it.
GREENBELTS AND LANDSCAPING
outside irrigation must be curtailed now. Reductions of 50% can
usually be achieved without significant impact. Runoff,
overspray, and mid-day watering will not be tolerated.
POOLS
If I have a pool will I get more water?
No. Customers will make their own decisions about wise water use
in their homes.
Can I fill my pool now? In the future?
Yes. Future rationing will affect pool refilling.
RATES
Are the rates going up?
Yes, but not because of the drought. Probably in April.
We are recommending $.85 per unit, and 25% in basic charge (from $4
to $5 per month)
In addition, penalties will be enforced for excessive water use
when specific allocations (rationing) is implemented.
The "penalty" for excessive use will be increased rates for the
amount that is over the established usage. These rates have not
been approved yet, and could change as our water situation changes.
REPORTING WATER WASTERS
Where can I report water wasters?
Please be concerned with your own water use. We will find the
wasters. Although we appreciate your concern, from a manpower
standpoint, the Water Division is not able to respond to each
report of water waste. Citizens will be asked to refrain from
calling such reports in until a water hotline can be established
next month. In general, it is not-our position to be water police.
THE PLAN
Can I get a copy of the drought plan?
None are available at this time for public distribution. The
program will be presented to Council on 3/3-V/91 . A public hearing
will be held within two weeks after that date. Copies will be
available for review at the library, City. Hall and Water Ops. They
will not be distributed to the general public. Summaries will be
available after the ordinance is passed.
The City' s plan focuses on excessive use and water wasters.
The program is not designed to penalize average and necessary water
use. However, no one will be allowed to waste water.
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VOLUME 91 - NUMBER 3 February 8, 1991
City will try voluntary measures first
.
Water rationing
The Metropolitan Water District reasons is this activity suggested(i.e.a res-
What have you done (MWD) announced last week that it was taurant hosing down their walkway.for
to save water toda `� imposing mandatory water rationing in an sanitary reasons).
y• effort to help Southern California cope with "Most people can achieve a 25 percent
*Have you checked your toilet, a severe water shortage. reduction in water use by cutting back on
The decision means that MWD will cut outside watering,"said Daily."But if these
faucets and pipes for leaks?
its supply of water to the City of Huntington reductions are not achieved,people need to
Beach by 10 percent beginning Feb. 1,and be ready for water use limits."
*Are you taking shorter showers by 20 percent on March 1.The city receives Other possibilities suggested by Daily
li or have you installed water-saving approximately 30 percent of its water from include the elimination of steam cleaning
shower heads in your home? MWD. The remaining 70 percent comes sidewalks and water trucks,turning off the
from a groundwater basin,managed by the fountains in front of the Civic Center and the
count which is also runninglow. Central Library,watering our lawn on odd
*Do you turn off the water while y' � g y
Y
However, this does not mean that the or even days, and automatic cutoffs for
you are shaving or brushing your city will automatically cut residents' water sprinklers.
teeth? supply by 10 percent. "We think we can The Water Division is presenting a wa-
make the 10 percent cutback with voluntary ter management program to the city council
*Do you use your automatic conservation measures and irrigation cut- on Feb. 19 which outlines the city's plans to
dishwashers or washing machines mks'" said Linda Daily,an analyst in the cope with any decrease in the water supply.
Water Division. According to Daily,there is no planned rate
only when they have full loads? Daily believes the water conservation increase at this time.
efforts should begin with city facilities such
*Do you water your lawn only as parks,recreation facilities,etc.According "A rate increase will only
when it needs it? to Daily,it's up to city employees to report
water teaks,problems or any other ways in be implemented if we
which the city can save water.
*Do you use a broom to clean your Another prime target will be outside cannot achieve a.20 per-
driveways, steps and sidewalks irrigation.Residents are being asked to ad- cent reduction by ap-
instead of a hose? just their sprinklers to avoid overspray and
to cut the time their sprinklers are in use in proximately April 1," said
half. Homeowners associations and those Daily. "Even then, the
For more information on " " y
ownerswhohavelarge greenbelts on their
how you can help save water, property will also be asked to cut back on higher rates would apply
lease call the WaterDivision their watering time.
p Residents and businesses are also being only to excessive water
at 536-5921. discouraged from hosing down their drive- use."
ways and sidewalks. Only for health and
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VOLUME 90 - NUMBER 23 December 281 1990
Water Division says we must conserve!
Community
Water rationing not mandatory
Santa
for HB residents at this time
On Dec. 19 and 20, Officer J.B. As the media begins focusing their attention on the recent announcement by the
Hume and Education Specialist Metropolitan Water District(MWD)that water rationing is now in effect,employees are
Jan Starling, both from the wondering what effect this will have on the City of Huntington Beach.
Police Community Liaison Team' While waterrationing has not yetbeen implemented in Huntington Beach,if the situation
continues at its present rate,it may notbe far off.Below is a condensed version of a fact sheet
met the public in a somewhat distributed by the Huntington Beach Water Division that should answer some of your
different manner. Hume,who was questions:
dressed as Santa Claus, and
Starling,dressed as one of Santa's SOME FACTS ABOUT WATER
helpers, traveled around looking CONSERVATION
for young and old alike to wish
them all a Merry Christmas from
the Huntington Beach Police 1)Waterrationing will not be mandatoryforHundngton Beach customersatthis time.
If the year progresses to another dry, or critically dry, end, the MWD will implement
Department. Santa handed out additional phases which will require mandatory cutbacks for agencies.This will be passed
i balloons and candy canes and on as mandatory cutbacks to customers, including increased rate block structures for
made as many public contacts as excessive use, penalties, etc. We do not anticipate this action occurring until after
possible at schools, shopping February, when the water year ends and runoff is calculated
centers, and other locations 2)There will be no rate increase or penalties imposed on customers at this time.If a
throughout the community. 10 percent reduction in water use is not achie ved,it is a possibility.Information will be sent
in the water bill,and though local newspapers when and#mandatory rationing occurs.
3)We can onlyachieve reduction though conservation.TheMWD cutback will not be
made up by pumping groundwater because there are penalties involved if we exceed 70
~ percent of our production from the water basin.Groundwater is not owned by the city so
we can notpump as much as we want.Also,the basin is sufferingfrom f ve years ofdrought.
4)AU city departments need to make a visible effort to conserve.We must set a good
example for our residents in this area.
5)The Water Division will have WaterAwareness teams out in the field watching for
outside water waste.They can also provide you with information on how to save water.If
! customers would like to have information mailed to them,they can call 536-5921.
CITY OF HUNTINGTON BEACH CA 3/l/91
COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Mayor and City Council From Michael T. Uberu4a
City Administrator
Subject Additional Agenda Information Date March 1, 1991
for Item F-1 City Council Meeting
March 4, 1991
Agenda Item F-1 - Attached is a communication from Lou Sandoval regarding additional
material for Council review of water issue (Water Management Program).
MTU:lp
4635a
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Michael Uberuaga From Louis F. Sandoval
City Administrator Director of Public Works
Subject Additional Material for Council Date February 28, 1991
Review of Water Issue
In order to provide the City Council and the general public
with a more comprehensive view of the current drought and its
attendant water supply problems, we have put together the
following information to explain the water situation in
Huntington Beach. It is hoped that the information will disperse
many of the rumors and wrong assumptions that seem to abound in
times such as this.
The Water Division of the Public Works Department serves
approximately 48, 500 customers in the 28 square mile area that
includes the City limits as well as the Sunset Beach area of
unincorporated Orange County and the Surfside Colony in the City
of Seal Beach. Water is produced from nine local water wells
(groundwater) and three connections to the Metropolitan Water
District of Southern California (MWD) , who imports water from the
Colorado River and the Sacramento Delta. Although the amount of
water the City takes from each source can vary from year to year,
70% has come from wells and 30% has come from MWD in the past
several years. These percentages are determined annually by the
Orange County Water District (OCWD) Engineer's Report on
Groundwater Conditions, Water Supply and Basin Utilization. ' In
Fiscal Year 89/90, an annual average of 35 million gallons per
day was produced from all City sources, or in terms of
population, this equates to about 185 gallons per person per day.
To assist in the distribution of its water supply, the
City's Water Division operates two in-city water storage
reservoirs totalling approximately 40 million gallons. These
reservoirs operate as "peaking reservoirs, " meaning that they are
used to provide water when customer demands exceed the capacity
of the supply sources feeding the water system during any given
period.
The City also participates in the joint operation of the San
Joaquin Reservoir, located in the Big Canyon area of Newport
Beach. This facility stores MWD water from the Diemer Filtration
Plant in Yorba Linda and is used as a "supply" reservoir jointly
with six other water agencies adjacent to the facility.
The 1988 Water System Master prepared by the Boyle
Engineering Corporation identified several major deficiencies in
j �/
Review of Water Issue - Continued
February 28, 1991
Page 2
the City's existing water system. The largest (and most costly)
involves the addition of new water sources (four new wells and a w
desalination facility) and two new in-city storage reservoirs
(totalling 61 million gallons) . These new facilities will
provide the City with the capability to meet all anticipated'
water supply demands to the year 2010. The system as it now
exists does not have the capability to supply adequate water at
normal pressures in times of peak demand, such as might typically
occur during a prolonged summer heat wave when demands are
especially high. This reduction in normal pressure would reduce
the fire-fighting capability of the system. Additionally, the
proposed desalination facility will especially help the water
system become more drought-resistant, since it will not be
subject to cutbacks in either groundwater or MWD supplies.
Pipeline additions, facility renovations and other improvements
to increase the useful life, reliability or service of existing
equipment make up the remainder of the Master Plan. These will
serve to help provide all customers with equal levels of service,
to prolong the life of existing facilities and to keep operating
costs to a minimum.
The cost of the necessary improvements identified in the
Master Plan is $83 million. The Financial Plan prepared by
Bartle-Wells and Associates recommends several financing options.
The proposed plan recommends a combination of staged borrowing
and using cash reserves to fund the capital projects. Cash will
be utilized for the design phases of each project, and
certificates of participation will be used to finance the
construction phases. This combination will allow the borrowing
to be determined by construction estimates for each project after
design, and can keep borrowing costs down.
The financing plan recommends a repayment of the debt
service through scheduled increases in the water rates and
capital facilities charges. The details ,of the financing plan
will be received by Council on March 4, 1991. The City Council
will be asked to consider the option of the water improvements
financing plan at the April 8, 1991 meeting.
Many people may wonder why the City has not put forth a '
highly visible program on the current drought. The reason is
that heretofore the absolute need to do so in Huntington Beach
was not strong, in spite of what public perception might be. °, The
Water Division has been planning for this drought for the last
three years. The main emphasis to date has been mainly on water
supply management, both within our own system as well as
cooperating with the Orange County Water .District (the
groundwater basin managers) and MWD. Through these two
Review of Water Issue - Continued
February 28, 1991
Page 3
agencies, the City has been able to be proactive in dealing with
the drought situation without asking residents to change their
lifestyles. This was accomplished by shutting off all wells ""
during the periods when MWD had surplus water available from; the
Colorado River and using only this MWD water to supply the City.
During the high demand summer months, well water was primarily
used. This technique allowed OCWD time to recharge the
groundwater basin much more quickly than if our wells had been
pumping. Since many other water agencies overlying the
groundwater basin also cooperated, this technique indirectly ,
allowed the surplus Colorado River water to be stored in the :
underground basin. This stored water was then withdrawn as
needed to meet demands even though water from MWD may have been
in short supply. With this in mind, it can be seen that the
City's past investment in its water system, especially its
groundwater sources, has allowed the City to be less susceptible
to MWD cutbacks than other water agencies in Orange County. This
is especially true when compared to agencies that rely solely on
MWD water, such as the City of Newport Beach. All of south
Orange County relies strictly on MWD water for their supply. A
side effect of this management strategy is that the Water
Division saved approximately $850, 000 in water costs by taking
part in the joint effort with OCWD and MWD.
It was in the month of January, 1991, that MWD first
proposed cutbacks in its ability to supply water. Since that
time, the amount of cutback proposed has changed rapidly. To
date, the most drastic proposal would require a 30% cutback in
the City's take of MWD water. Since we have typically received
30% of our total supply from MWD, this cutback translates to' a 9%
cutback in the City's total supply without incurring significant
cost penalties. Bear in mind that water can still be had from
MWD, but at a very high cost, i.e. , approximately three times the
regular cost ($230 per acre-foot vs. $624 per acre-foot) . The
time has now arrived where an obvious public information campaign
by the City should begin.
One of the factors that has been monitored during this
drought is water supply production. It is very interesting to
note that although the City does not yet have a visible effort to
obtain any water conservation, the total production figures for
calendar year 1990 show a 7% reduction in use when compared to
1989. This fact, along with the management of our supplies
described above, is the major reason that a public information
program is not yet in full swing. An attempt to enact an
Emergency Water Management Plan in August, 1990, was set back due
to a failure to hold a public hearing on the matter. Hopes for
the drought to end in the latter part of 1990 expressed in the
Review of Water Issue - Continued
February 28, 1991
Page 4
water industry as well as the work required to bring the
Financial Plan to fruition for Council consideration further
delayed efforts to implement the Emergency Water Management Plan.
Because of staff's confidence in the management results of the
City's water supply sources, the unrequested consumption
cutbacks, and the weather that has been experienced, the lack of
an Emergency Water Management Plan in place was not a critical
issue before now. On April 8, 1991, this plan will be brought
before the City Council for consideration.
The Public Works Department will continue to implement
programs directed at reducing water use by City facilities and
operations. In addition an increased public information program
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will be coordinated to increase voluntary conservation. The ;,
public information program will include press releases; billing
inserts; informational packets to customers; speakers to
interested organizations; and a telephone information line.
Several other possible programs are currently being reviewed , by
the staff.
The Department will continue to work to prevent water waste
in the community. Water Division employees will continue to
respond to residential customer requests for information. At
this time, we are not staffed to respond to all individual
reports of water waste unless the problem is irrigation water
waste from an apartment complex, condominium association or
public facility. Although we have a Water Awareness Team, their
function will remain as an informational rather than policing
activity.
On April 8, 1991, the City Council will be asked to approve
a more comprehensive, staged water management program. This :
action will prepare the City for the possibility of more
restrictive water use programs. The four-stage program wills'
restrict specific uses as a response to decreasing supplies, , in
anticipation of the drought progressing through the summer and
next year. The staged plan will be the guide for mandatory
compliance. It provides guidelines to restrict non-essential
uses with the minimal impact on the citizens of Huntington Beach.
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