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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 . '1� (C) A local or regional disaster which limits the water supply. 1 1. -- 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 r� 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 2 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 n 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 . 7 3 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 4 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 9 v 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 • 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. 0 • 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. 2 • 0 Adjust sprinklers and irrigation systems to avoid over-spray, run-off and waste; Encourage the installation of low water using plants combined with hardscape materials , and energy efficient irrigation systems when installing or replacing landscapes; discourage replanting if possible; Do not allow water to run off landscaped areas into adjoining streets, sidewalks , parking lots or alleys; Reduce irrigation times or frequency by 50% where possible; Check faucets, pipes, irrigation systems and meters for leaks and repair immediately; If outside water connections are available, require automatic cutoff valves on hoses; Require vehicle washing be accomplished with a bucket rather than running hose to the extent possible; Eliminate draining and refilling of decorative ponds, and fountains unless necessary for health and safety reasons . Commercial/Industrial Use/Public Agencies Adhere to all restrictions applied to all water users , including irrigation and outdoor water use; Make plumbing and irrigation adjustments as recommended; Restaurants shall serve drinking water only upon request; Review operational water use, and determine possible alternatives i .e. recirculating; automatic cut off valves; Prohibit water use for cleaning of hard surfaces except as necessary for health and safety reasons , or if a cleaning machine equipped to recycle water is used; Evaluate necessity or frequency of high water using activities, such as, window washing, exterior walls or other nonessential cleaning . 3 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 . 4 * 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. 5 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; 6 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; 7 Reporting, Enforcement and Penalty System Reporting If misuse of water is reported at a residence or business , the Water Division shall investigate the address in a timely manner, usually within 24 hours . Reports of violations should include the name and phone number of individual making report . This information will not be used except for documentation of the problem and statistical information by the Water Division. The Water Division will keep a separate log, by service address, of investigations generated by water waste complaints. If through the course of daily activities, a City employee observes a violation of water use, it should be reported to the Water Division. Response to Violations Should violations of the plan be witnessed, reported or apparent to Water Division personnel , they shall proceed with the established investigation system. Stage I response will be limited to public agency, irrigation meter and commercial landscaping violations; Stage II and III will include response to all reported violations. Investigation System 1 . First report If personal contact with the resident can be made, the Water Representative will make a verbal request to comply with the requirements of the Program. The customer will be provided with a copy of the appropriate pages of the Program, a water conserving tip sheet and a phone number to call if the customer has any questions about the program. The customer will be offered assistance and an explanation of the Program. 8 If personal contact with the resident cannot be made, a notification will be placed in a visible area on or near the primary access door whenever possible. Second Report--Same Service Address After verification through a field inspection, the customer will be sent a written notification from the Water Division requesting compliance. The letter shall explain the violation, and inform the customer of the penalties for further infractions , including financial penalties, flow restriction and possible water disconnection. Third Report--Same Service Address The letter will be the final attempt to resolve the situation without penalty. It will advise that immediate water disconnection will occur should the situation be observed or reported again. Fourth Report--Same Service Address A flow restrictor will be inserted into customer' s water meter; Fifth Report--Same Service Address Water will be disconnected, and the current established penalty must be paid before service is restored. Should the situation continue, the customer will be notified by certified letter that he is in willful violation of the ordinance, and the next occurrence- of the incident will be reported to the Police Department. 9 PUBLIC COOPERATION Conservation actions to cope with emergency water shortages is usually received with widespread response by the general public. The public perception that there is a need for extraordinary measures, some of which entail personal financial costs and/or inconveniences, and an understanding of the effectiveness of the prescribed actions is essential to gaining public support and ready participation. Consumer response to rationing programs is more predictable than to other conservation measures, and these are generally the most effective programs to achieve significant demand reduction. One of the problems with a rationing system is in accurately designing the program to achieve the reduction in demand to correlate with the available supply while adversely impacting citizens as little as possible. Although corrections can be made to lessen the impact of a program proving to be too severe, changing programs once they are in place tends to send a message to the customers that the utility lacks resolve or understanding . For this reason, the City must carefully plan the public information program and emergency conservation actions . The public information program should be aimed at the following five basic groups : local decision makers ' ; governmental bodies; industries, schools, businesses, homeowner' s associations , and other groups asked to comply with specific use restrictions; news media; and the general public. The first objective should be providing information accurately and promptly. It is important that the City demonstrates to the public that they are doing everything possible to minimize the shortage. Accurate information concerning supply status ( reservoir and ground water levels) , conservation efforts , remaining supply, and other pertinent information should be provided to all personnel involved with public information, especially to those dealing with the media. 10 Water Allocation Methods The key elements of a rationing program are that the resources is shared as equitably as possible, and that customers are kept informed about the status of the shortage. Rationing decisions are expected to raise questions, and procedures to handle valid exceptions and variances need to be a part of the program. Rationing programs are usually patterned after one of the following basic allocation plans : * percentage reduction * fixed allotment * seasonal. allotment * specific use bans A percentage reduction assigns each customer class a consumption goal as a percentage of the consumption level used in a similar billing period during the past year. Fixed allotments allow a specific amount of water to each user group based on customer type and average use for similar residential or commercial uses . The seasonal allotment is similar to the percentage reduction except that the consumption reduction goal is varied, depending on the time of year. Specific use bans prohibit water waste and and are generally limited to outdoor uses and other non-essential uses. The Huntington Beach plan proposes a combination of these programs to provide guidelines for general water use allocations . Fixed percentage reductions are easy to determine, however, this method can be perceived as inequitable because it has the effect of penalizing former water conservers, while rewarding those who had previously used large water quantities Identical houses could receive different water allotments . To avoid this potential problem, a fixed percentage reduction will not be applied across the entire customer base. Fixed percentage is appropriate for public agencies, irrigation water use and public facilities which have a wide variety of water uses . A 10% to 50% reduction of certain uses can be made without significantly impacting public health and safety. Fixed allotment rationing establishes a customer' s water consumption goal on a billing unit basis, calculated from an estimate of essential or normal uses, and provides an average use for each particular type of customer. Seasonal use fluctuations will also be incorporated in the formula. These calculations are generally based on meter size, number of dwelling units and average consumption for type of use. A per connection allotment is easy to implement, but does not specifically distinguish between families with large water use requirements and those with none. A fixed allocation is preferred from the standpoint that each customer can determine their own water use priorities . 11 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. 12 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 - b- u r ✓ 'F.. 4 1 3 L 4t§ 1t { FfJ t i ,- lK�r irf!^`�,, { r a. 1- ., aF.rt •4sr;.y4 Y.� .,r r 1 F Y , .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. 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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 ::f:�:�ii�?hiiiiti:!�iti':•:�:titif�?::�:iii'�::iiJ?:::�i:�iti: ..........v:.vw:.v::::n+i$itij.S. �'---- n xv...:..:...':..xn..x.:.v.... ::}:,:•:w:}:}:.:.v;•:nv:::::x}}'r'.i-.G}:-.•::•: :::.�:::::.r3F:::.�::.f•G}%Grr:: - v '.-- h: ...::.w33r:::::}:. ..............x:w::::::::::n�:::{::::::n�:.-::::r.:.r:ti�:b:Gr:G+': ::::::::::...:::.:::::............: .. 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'•:Gw.3}S:y.}v:;.rv.: .... n.,:w:::::: ..........vv......... x 1 1 is+S'i r3\: �r:;ii:v:<?•t� 1 :. ::::."�':`'�.' :::%::'.:::::'�:':::-,'::':'�':`t'4�:`�:}2��:::i: ::;:::;;:::; :�:;;:i;.:::;x::ii:�:::_: :::::`r:::::3;?;:;::::::::::�:�:::::::::::::::: ::i:Ri�;i:`• r<:: :�r?:;:::i:::::::::x:fi :`�::'sfi;�::r:::::; :::<::::::� ........................ ........................:::................................ ::;::;::::r:;::;•r,:?�:::;:;':::;::{•3:•r:;r:.�r:•:;#;�::.Sr.-r:;;•r.<;•r;•:i;.�.:r•3_•3:::.33;-r:-;;->::::;:.:;::.3:-Srr2_::.r>:-r3:::r:-:;::+:.3}3:.>}3:.};3:.;>: ?:Sr:.;.3:::i'r'.r:.r<:.}:.}rr::-33•.;::>•r3;r:.3::3:;.}:.:;'Sr:-}::::},:..i;.}:.33::::3:a.;r::.::3 r:.rr:.r:.3:;':;-3}:.r:.:r•::•r•.::::: 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 P P P g 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. LFS:JRR:bb