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Home My WebLink About10 - Urban Water Management PlanApril 10, 2001 CITY COUNCIL AGENDA ITEM NO. 10 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SET PUBLIC HEARING FOR URBAN WATER MANAGEMENT PLAN RECOMMENDATION: Set Public Hearing on the update of the City's Urban Water Management Plan for the April 24, 2001, Council Meeting. DISCUSSION: Assembly Bill 797 was passed by the California Legislature in 1983 and requires all urban water suppliers of more than 3,000 customers to prepare and submit an Urban Water Management Plan to the State Department of Water Resources. A provision of AB 797 requires that this Plan be updated every five years. The last update of the Plan was adopted by the City Council on March 25, 1996. The water supplier is required to hold a public hearing on this update. A copy of the plan is available for review at the Public Works counter, the City Clerk's office, and the Utilities Yard. Respectfully submitted, (�V— W PUBLIC WORKS DEPARTMENT Don Webb, Director By: ��Li fin l x-t l-! OIdon Davidson Utilities Services Manager • City of Newport Beach Public Works Department Utilities Division 2000 Urban Water Management Plan Contact Sheet Date plan submitted to the Department of Water Resources: April 26, 2001 Name of person preparing this plan: Tim Deutsch, Utilities Administrative Coordinator Phone: (949) 644 -3010 Fax: (949) 646 -5204 Email: tdeutschOcity.newport- beach.ca.us The Water supplier is a Municipality. The Water Supplier is a Retailer. Utility services provided by the water supplier include water, recycled water and wastewater. This City is not a Bureau of Reclamation Contractor. This City is not a State Water Project Contractor. Utilities Yard - Administration Building 949 W. 16th Street Table of Contents INTRODUCTION 1 CHAPTER 1 — PUBLIC PARTICIPATION 2 PlanAdoption ........................................................... ............................... 2 AgencyCoordination ................................................... ............................... 2 CHAPTER 2 — CITY OF NEWPORT BEACH SERVICE AREA 3 Climate..................................................................... ............................... 3 Other Demographic Factors .......................................... ............................... 3 Newport's Water Supply History ..................................... ............................... 4 Past Drought, Water Demand and Conservation Information ............................... 5 CHAPTER 3 — WATER SUPPLY SOURCES 7 WaterSupply Sources .................................................. ............................... 7 Imported Water from MWDOC ........................................ ............................... 7 Groundwater............................................................... ............................... 8 RecycledWater ........................................................... ............................... 9 CHAPTER 4 — RELIABILITY PLANNING 10 Reliability.................................................................... .............................10 Frequency and Magnitude of Supply Deficiencies ................ .............................11 Reliability Comparison .................................................... .............................14 Three Year Minimum Water Supply ................................... .............................14 21 • WaterTransfers ............................................................ .............................15 21 CHAPTER 5 — WATER USE PROVISIONS 16 Past, Current and Projected Water Use ............................. .............................16 ResidentialSector ......................................................... .............................17 Commercial /Industrial /Institutional Sectors ......................... .............................17 IrrigationSector ............................................................ .............................18 Agricultural Sector ...................................................... ............................... 18 Recycled Water Sector ................................................ ............................... 18 CHAPTER 6 — SUPPLY AND DEMAND COMPARISON PROVISIONS 19 Supply and Demand Comparison ..................................... .............................19 Dry-Year Water Assessment ...................................... ............................... 20 CHAPTER 7 — WATER DEMAND MANAGEMENT MEASURES 21 Best Management Practices ......................................... ............................... 21 BMP 1 — Residential Surveys ........................................ ............................... 21 BMP 2 — Residential Plumbing Retrofit .............................. .............................22 BMP 3 — Distribution System Water Audits, Leak Detection and Repair .................23 BMP 4 — Metering with Commodity Rates ........................... .............................23 BMP 5 — Large Landscape Programs and Incentives ............ .............................23 BMP 6 — High Efficiency Clothes Washer (HEW) Rebates /Vouchers ..................... 23 BMP 7 — Public Information Programs ............................... .............................24 BMP 8 — School Education Programs ................................ .............................25 BMP 9 — Commercial, Industrial and Institutional (CII) Water Conservation ............ 25 • BMP 10 —Wholesale Agency Assistance Programs ............. .............................25 BMP 11 — Conservation Pricing ..................................... ............................... 25 BMP 12— Conservation Coordinator ................................. .............................25 • BMP 13 — Water Waste Prohibition ................................... .............................26 BMP 14 — Residential Ultra -Low Flush Toilet (ULFT) Replacement ...................... 26 CHAPTER 8 — WATER SHORTAGE CONTINGENCY PLAN 27 Water Shortage Contingency Plan ................................. ............................... 28 Revenue and Expenditure Impacts /Measures to Overcome Impacts .................... 29 CHAPTER 9 — WATER RECYCLING 31 Wastewater System Description .................................... ............................... 31 RecycledWater Uses .................................................... .............................32 .............................34 Recycled Water Currently Being Used ............................... .............................32 .............................35 Potential Uses of Recycled Water/Technical and Economic Feasibility Analysis...... 33 Current Customer Assessment ........................................ .............................33 UltimateCustomers ....................................................... .............................33 Encouraging Recycled Water Use .................................... .............................34 Financial Incentives ....................................................... .............................34 CityPolicies ................................................................. .............................34 Staff Assistance ............................................................ .............................35 Training.................................................................... ............................... 35 APPENDIX A 36 DWR 2000 Urban Water Management Plan Checklist ........ ............................... 36 APPENDIX B 37 Proofof Public Hearing ............................................... ............................... 37 • Resolution to Adopt the Urban Water Management Plan .... ............................... 38 APPENDIX C 39 Water System — City Boundary Map .................................. .............................39 APPENDIX D 40 Water Conservation Ordinance — 14. 16 ............................. .............................40 APPENDIX E 49 Wastewater System — City Boundary Map .......................... .............................49 APPENDIX F 50 California Urban Water Management Planning Act ............ ............................... 50 • City of Newport Beach Public Works Department Utilities Division 2000 Urban Water Management Plan Contact Sheet Date plan submitted to the Department of Water Resources: April 26, 2001 Name of person preparing this plan: Tim Deutsch, Utilities Administrative Coordinator Phone: (949) 644 -3010 Fax: (949) 646 -5204 Email: tdeutsch CcD city. newport- beach. ca. us • The Water supplier is a Municipality. The Water Supplier is a Retailer. Utility services provided by the water supplier include water, recycled water and wastewater. This City is not a Bureau of Reclamation Contractor. This City is not a State Water Project Contractor. 7J UTILITIES ADMINISTRATION BUILDING 949 W. 16TH STREET iii - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Introduction The California Water Code requires all urban water suppliers within the state to prepare urban water management plans and update them every five years. These plans satisfy the requirements of the Urban Water Management Planning Act of 1983 including amendments that have been made to the Act. Sections 10610 through 10656 of the Water Code detail the information that must be included in these plans, as well as who must file them. This report constitutes the 2000 update to the City's 1995 Urban Water Management Plan. Recent amendments to the Act now require that total projected water use be compared to water supply sources over the next 20 years in 5 -year increments. The Act also requests the information be shown for a single dry water year and multiple dry water years. Additional amendments to the Act now require that all plans include a detailed water recycling analysis that includes a description of the wastewater collection and treatment system within the city or agency's service area along • with current and potential recycled water uses. • According to the Act, "The conservation and efficient use of urban water supplies are of statewide concern; however, the planning for that use and the implementation of those plans can best be accomplished at the local level." The Act requires that each urban water supplier, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre -feet of water annually, shall prepare, update and adopt its urban water management plan at least once every five years or before December 31, in years ending in five and zero. In accordance with the Act, the City of Newport Beach, Public Works Department, Utilities Division is required to update and adopt its plan for submittal to the California Department of Water Resources (DWR). DWR has prepared a checklist that lists items to be addressed in each agency's plan, based on the Act. The checklist allows agencies to identify where in their plan they have addressed each item. The City has completed this checklist, cross - referencing the Act's sections and this report's page numbers. The completed checklist is included in Appendix A on page 36. 1 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Law Chapter 1 - Public Participation 10642. Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan. Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published ... After the hearing, the plan shall be adopted as prepared or as modified after the hearing. Plan Adoption •In accordance with the Act, the City of Newport Beach, City Council held a public hearing and adopted the 2000 Plan on April 24, 2001. A copy of the adopting resolution is included in Appendix B on page 38. Ten days prior to adoption, a notice ofthe public hearing was published in a local newspaper, notifying interested parties that the draft Plan was available at various City facilities and on the City's web page for review. A copy of the newspaper notification is included on Appendix B on page 37. Agency Coordination Law 10620 (d) (2) Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable. While preparing the 2000 Plan, the City coordinated its efforts with a number of agencies to ensure that data and issues are presented accurately. The City attended workshops conducted by DWR at the Municipal Water District of Orange County ( MWDOC) offices to discuss the requirements of the Act and ensure coordination with other agencies, including MWDOC and the Metropolitan Water District (MWD), on regional elements of the Plan. The City of Newport Beach is a member agency • of M WDOC. M WDOC's plan will be sent along with this plan to the DWR `a IS CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN MF Chapter 2 - City of Newport Beach Service Area Law • Climate • 1063 1. A plan shall be adopted in accordance with this chapter and shall do all of the following: 1063 1. (a) Describe the service area of the supplier, including current and pro- jected population, climate, and other demographic factors affecting the supplier's water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five -year incre- ments to 20 years or as far as data is available. Newport's climate is characteristically Mediterranean with mild temperatures year round with sunny days and cool evenings. This climate provides for an average summer temperature of 75 degrees and an average winter temperature of 65 degrees. The average annual rainfall is about 12 inches. Other Demographic Factors Newport Beach is located along the beautiful Pacific Ocean in Orange County. Its western boundary is the Pacific Ocean. Contiguous cities include Huntington Beach to the north, Laguna Beach to the south, and Irvine and Costa Mesa to the east. The water service area is entirely within the City of Newport Beach's boundaries and covers approximately 35.77 square miles. A map of the City's boundaries is located in Appendix C. The median age of Newport residents is 40 years. The average household is 2.8 persons per dwelling unit. The median family income is estimated at $61,892 per year. More than 50% of Newport's residents are employed in professional, managerial, and administrative occupations. Over 46% of residents are college graduates. 3 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Newport Beach's Water Supply History The City of Newport Beach was incorporated September 3, 1906. The City's water supply had been handled in several ways. The earliest beach colonies obtained most of the water supply in railroad tank cars that imported high - quality water from artesian wells in the Harper District (now Costa Mesa). John Sharps entered into the water business, purchasing a well in Costa Mesa and then acquiring the distribution system in Newport Beach. The Newport Beach Water Com- pany was established. In 1909, the City purchased the water system and began its expansion of the water distribution system. As population increased so did the demand for water. Newport became more than a recreational community. Water supply for Newport came from two sources, local wells and imported water. Unfortunately, in the 1940's, the local wells began to incur seawater intrusion and Newport Beach was forced to cease production and begin purchasing all of its demand from imported sources. In 1948, the City was annexed into the Metropolitan Water District (MWD) through a local sub- agency Coastal Municipal Water District (Coastal). Shortly thereafter, the Coastal was supplying water for the City through several MWD connections. Because of high demands and the need for emergency storage, the City built Big Canyon Reser- voir. This reservoir, located in Corona Del Mar, is a 600 acre -feet (AF) distribution & storage concrete earthen dam reservoir. As the years went by, water demands increased and staff identified a need to obtain an alternate source of water. In 1987, the Groundwater Development Project began its planning stages. The Groundwater Development Project would allow the City to began producing and pumping water from the Orange County Groundwater Basin, in an effort to reduce water costs, have an alternate source of water and lessen the impact on MWD's supply. Over the next ten years, the City planned, coordinated and constructed this $23 million dollar project. Two well sites were established in Fountain Valley. The groundwater would then travel over 6 miles of new and existing 30" transmission mains, through the cities of Fountain Valley, Huntington Beach, Costa Mesa and into Newport Beach. In addition, a pump station, treatment facility and a 3- million gallon reservoir were built to assist in the transmission and treatment effort. In October 1997, the City began pumping groundwater into the City. The City produces up to 75% of its demand, reducing purchased MWD water down to only 25 %. • Table 2 -1 shows the population total for the Newport Beach in 2000, with projections to 2020. 0 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN _... , Table 2 -1 PojiulAtibn Projections for the City of Newport Beach Service Area 2000 2005 2010 2015 YOU— Service Area Population 75,600 82,409 86,579 87,457 88,676 Past Drought, Water Demand and Conservation Information Water use in Newport Beach is closely linked to the local economy, population and weather. Overthe last half century, a prosperous local economy has stimulated population growth, which in tum produced a relatively steady increase in water demand. However, fluctuating economic and weather conditions in the 1990's and lingering effects from the 1987 -1992 drought resulted in deviations from historic demand patterns. • Historically, peak year water demand in the City of Newport Beach occurred in 1989, when a record amount of nearly 20,600 acre -feet was purchased. Following the 1991 -1992 drought, the City experienced significant reductions in water use. This reduction in potable water use was attributable to several factors, including the economic recession, water conservation measures taken by the City as a result of the drought and relatively plentiful rainfall. The City reduced its demand by more than 2,000 AF. • The years following the drought showed a steady growth in population, and water demand grew to match this population growth. In 1997 water demand increased by more than 1,200 AF over 1996 demand, evidence of the great economic growth and continued construction activity in Newport Beach. Water demand peaked again in 2000, as Newport's population continued to grow and water use activities increased. Table 2 -2 shows the historic water demand for Newport Beach. Table 2.2 Historic Water Use In the City of Newport Beach Service Area (1990 -99) Demand (AF) 19,012 16,901 17,245 17,522 17,254 17,842 19,139 16,429 18,157 19,405 %Change -7.1 -12.5 +1.9 +1.6 +1.6 +3.2 +6.8 -16.5 +9.5 1 +6.4 5 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN The necessity for reduced water consumption by Newport Beach's customers was the result of a reduction in the available imported water supply from the drought. Although waterwas not rationed, the Metropolitan Water District of Southern California placed financial penalties on its member agencies if they exceeded their water demand of FY 1988 -89. MWD enacted this penalty to discourage any increases in the imported water demand. To avoid paying the financial penalty, the City requested its customers and employees to conserve water as often as they could. In addition, the City adopted a Water Conservation ordinance, in which customers were given allotments of water based on previous usage of the property. If the customer used more than their allotment, their usage would be based on an increasing block rate structure, designed to discourage high water use. Once the drought period ended, the City's flat rate structure was put back in place. In addition, water conservation programs were expanded to discourage the use of excessive amounts of water for irrigation purposes during the drought. The City continues to encourage water conservation for irrigation, particularly the use of recycled water when available, as • well as other residential conservation programs. • 2 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Law Chapter 3 - Water Supply Sources 1063 1. A plan shall be adopted in accordancewith this chapter and shall do all of the following: 10631 (b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five -year increments [to 20 years or as far as data is available.] Water Supply Sources In years past, the City of Newport Beach had been one hundred percent dependent on imported water for all of its supply. This water purchased from the Metropolitan Water District through its local •member agency Coastal Municipal Water District. As mentioned above, the City was concerned about the reliance on purchased water and began to plan for the development of an additional source of supply. In October 1997, the City officially began pumping groundwaterfrom the Orange County Groundwater Basin as a member of the Orange County Water District (OCWD). This project would allow the City to produce up to 75% of its demand. The other 25% would continue to be purchased from the MWD. Not only would the cost of water be less, but also the City would be lessening its impact on the purchased water supply. In 1999, the City began delivering reclaimed waterto supplement its imported water supply. Through an agreement with Orange County Water District, the City purchases between 300 to 800 AF a year for some large irrigation users. This reclaimed water became available to some irrigation users after OCWD and City of Newport Beach completed the Green Acres Project. The City has no capability of treating water to produce reclaimed water, but OCWD has quite and extensive system. Imported Water from MWDOC The City of Newport Beach has been reliant on purchased imported water since its existence in 1906. Initially, imported water was delivered by train. Over the years, the City developed a rather •extensive distribution system, which includes several Metropolitan Water District (MWD) connections. These connections provide daily and emergency access to the water system. 7 _ CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN MW • In 1948, the City became an official member of Coastal Municipal Water District (Coastal). Coastal, a sub - agency of MWD, would provide water management to the coastal areas around Newport Beach, including Laguna Beach, Irvine and Costa Mesa. In January 2001, Coastal was consolidated with the Municipal Water District of Orange County (MWDOC). MWDOC, like Coastal is a sub- agency of MWD. MWDOC has included the City of Newport Beach in its 2000 Urban Water Management Plan. Table 3 -1 shows current and projected imported water purchases through 2020. Groundwater Until the 1940s, the City had been producing local groundwaterfrom its own wells. Due to seawater intrusion, the City was forced to abandon its wells and then became reliant upon purchased imported water. As the years went by, water demands increased and staff identified a need to obtain an alternate source of water. In 1987, the Groundwater Development Project began its planning stages. The Groundwater Development Project would allow the City to began producing and pumping water from the Orange County Groundwater Basin, in an effort to reduce water costs, have an alternate source of water and lessen the impact on MWD's supply. Over the next ten years, the City planned, coordinated and constructed this $23 million dollar project. Two well sites were established in Fountain Valley. The groundwater would then travel over 6 miles of new and existing 30" transmission mains, through the cities of Fountain Valley, Huntington Beach, Costa Mesa and into Newport Beach. In addition, a pump station, treatment facility and a 3- million gallon reservoir were built to assist in the transmission and treatment effort. In October 1997, the •City began pumping groundwater into the City. The City produces up to 75% of its demand, reducing purchased MWD water down to only 25 %. 8 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • • Recycled Water The City of Newport Beach began serving recycled water in 1999. The Orange County Water District provides water through the Green Acres Project. The City annually purchases between 200 to 400 AF a year. Major users include the City, Newport Beach Country Club, Big Canyon Country Club and landscape areas for a homeowner association. The City has investigated future sites or locations for reclaimed water, but there are limitations to the availability of reclaimed connections. The City is looking into the possibility of inter - district reclaimed water transfers to provide reclaimed water to some associations and recreation facilities. 9 _ CITY OF NEWPORT BEACH MW E Law Reliability 2000 URBAN WATER MANAGEMENT PLAN Chapter 4 - Reliability Planning 10631. A plan shall be adopted in accordance with this chapter and shall do all of the following: 10631 (c) Describe the reliability of the water supply and vulnerability to seasonal or climatic shortage, to the extent practicable. 10631 (c) For any water source that may not be available at a consistent level of use, given specific legal, environmental, water quality, or climatic factors, describe plans to replace that source with alternative sources or water demand management measures, to the extent practicable. 10631 (c) Provide data for each of the following: (1) An average water year, (2) A single dry water year, (3) Multiple dry water years. 10632. The plan shall provide an urban water shortage contingency analysis, which includes each of the following elements, which are within the authority of the urban water supplier: 10632 (b) An estimate of the minimum water supply available during each of the next three -water years based on the driest three -year historic sequence for the agency's water supply. Water supply sources can unexpectedly fall short at anytime. Increased environmental regulations and the competition for water can cause a decrease in imported water supplies. Population and economic growth can cause a decrease in local supplies. Newport Beach recognizes the need to increase future water supplies and effectively manage current water resources. As a public agency with a mandate to provide an uninterruptable supply of water, a limited resource in drought prone region, Newport Beach competes for water supplies rather than consumer demand. Thus, because we are reliant upon California's statewide water supplies for a percentage of our requirements, Newport Beach will be subjectto future reliability concerns. However, participation in • regional water management programs will assist in the development of resource mixes that balance 10 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN water supply sources and meet future local and regional water requirements. Plan such as Metropolitan Water District of Southern California's (MWD) Integrated Water Resource Plan and Water Surplus and Drought Management Plan are discussed in the MWDOC'S 2000 Regional Urban Water Management Plan. In addition to participating in local and regional water management programs, Newport Beach must also focus on demand management efforts that promote wise and efficient water use through conservation programs. Since Newport Beach is a coastal community with a moderate, uniform climate, seasonal variation of water use should not be significant. However, the City focuses its water conservation efforts on year -round reductions. The City participates in a Countywide Low Flush Toilet Retrofit and Rebate Program, sponsored by the Municipal Water District of Orange County. The retrofit program allows City homeowners the opportunity to replace 5 -6 gallon flush toilets with the new 1.6 gallons per flush toilets. Mostly rental property owners utilize this program. The rebate program, which provides up to $50.00 per toilet, is •more attractive to most homeowners, because it allows them the opportunity to choose the type of low -flush toilet that best fits their decor. • In 1999, an engineering consultant completed a Water Master Plan. This plan investigated and outlined the City's existing water system performance and potential impacts due to seasonal demand. The plan also identified deficiencies in the infrastructure and determined a timeline for the replacement of deteriorated mains and appurtenances. Frequency and Magnitude of Supply Deficiencies California experienced a drought during 1976 -77. Southern California and in particular, Orange County sustained few adverse impacts from the 1976 -77 drought due to the large part of the availability of Colorado River water and groundwater stored in the lower Santa Ana River Basin. The local region experienced the next prolonged drought from 1987 through 1992. The cumulative effect of the firstthree years of the drought leftthe reserve storage in the State Water Project reservoirs very low as the 1990 calendar year or season began. MWD planning for the year contemplated just enough water to meet estimated demand. A 10 percent voluntary water conservation program was instituted by the City of Newport Beach in case demand or supply varied from the estimates, and to retain water storage in case 1991 was also a dry year. 11 IS CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Newport Beach finds it imperative that water is used wisely, not just during drought periods, but all the time. City customer service and Feld personnel are always investigating water waste inquiries. Whenever possible, customer services crew members perform reviews and audits of properties which experience leaks, in an effort to locate and repair leaks. In addition to customer service staff, other City personnel are aware of waterwaste and will report any possible waste immediately. City personnel also report and repair any problems that occur on City owned properties. To promote the effective management of imported and local supplies, Newport Beach participates in MWD's and the Orange County Water District's (OCWD's) Conjunctive Use Programs. These programs help level outthe extreme high summer and lowwinter demands on the import system by using imported water more effectively throughout the year. OCWD provides financial incentives to promote participation in this program and to encourage the construction of additional groundwater facilities. Newport Beach has a goal each year to attain 75% of the demand from groundwater. Most of this • percentage is achieved during the months of May through September, when high usage occurs. MWD's Long Term Seasonal Storage Program is a conjunctive use program devoted to groundwater management. This program encourages agencies such as Newport Beach to purchase import water from MWD at a reduced rate, with additional participation from OCWD. This program is "revenue neutral" for all parties. Since 1989, MWD has used its Seasonal Storage Program (SSP) to encourage conjunctive management as a method of enlarging local storage capacity. Discounted water is used to encourage MWD's retail agency members to develop local facilities for storing excess winterflows for subsequent use during low -flow, high- demand summer months. Terms of the SSP require local agencies to store the water, either directly in surface reservoirs and aquifers or indirectly by using the water in- lieu of existing groundwater pumping. Newport Beach has the fortunate opportunity to participate in both aspects of the program. The Big Canyon Reservoir, a 600 AF reservoir, provides ideal emergency and peak -use storage. In addition, Newport Beach has accepted in -lieu water from its wells. Newport Beach, as well as most agencies or cities in Southern California, is dependent upon imported water to supplement its local water supply. Newport Beach purchases imported water from the Municipal Water District of Orange County (MWDOC) (in previous years directly from Coastal • Municipal Water District, until the recent consolidation) through the Metropolitan Water District of 12 IS CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN MF SouthemCalifomia(MWD). Newport relies on the imported waterthroughout the year. Thefrequency and magnitude of shortages are directly linked to the management policies and actions of these agencies. In MWDOC and MWD's 2000 Regional Urban Water Management Plans imported water reliability goals through the Southern California's Integrated Resource Plan (IRP) are discussed in detail. The I RP is a comprehensive water resource strategy developed in 1995. The IRP presents a plan that will provide the region with a reliable and affordable water supply over the next 10 years. MWD's Regional Urban Water Management Plan also discusses their plans to obtain import water reliability through its Water Surplus and Drought Management Plan (WSDM) adopted in 1999. Through effec- tive management of water supplies, MWD expects to be 100% reliable over the next 10 years. However, in order to meet water requirements beyond the next 10 years, resources such as Bay/ Delta Improvements for State Water Project supply, additional local projects, conservation and addi- tional water transfers will need to be developed. •The Orange County Groundwater Basin is managed by the Orange County Water District (OCWD) through a variety of programs designed to maintain usability, to avoid overdraft and maximize the ability to meet water demands. Newport participates in these programs when feasible. OCWD projects there will be sufficient groundwater supplies. The reliabil ity and management of the ground- water resources is further discussed in OCWD's 2000 Master Plan and Engineering Report. • The current and future supply projections through 2020 are shown in Table3 -1. The future supply projection assumes that the citywill continue to produce groundwater and purchase local water. Table 3 -1 Current and Projecyed Water Supplies (AFY) Water Supply Sources 2000 Z005 Z070 Z015 Z0ZU ljumhaSed trom MWDU( 5L5U 5275 5300 roun wa er 7T= 1500 1 ecycle ater 4 Supply Totals. [ 415 Demand Totals 19235 214Uo Z 75 2155U UaTerence 13 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • • Reliability Comparison Import water supply, according to MWDOC's 2000 Regional Urban Water Management Plan is expected to meet 100% of Newport's demands through the year 2010. According to OCWD, groundwater supplies are also expected to meet any future demand requirements in Newport Beach. During average and dry water years, Newport anticipates the ability to meet future water demands. Table 4 -1 shows water supply reliability for an average or "normal" water year, a single dry year and a three -year estimated minimum water supply. Based on historic data the table shows that during periods of dry weather water demand would increase approximately 8% more than in a "normal" weatheryear. Table 4.1 Supply Reliability Multiple Dry Water Years Source Average /Normal Water Year 2000 (Volume) Single Dry Water Year (Volume) Year 7 (Volume) 2001 Year 2 (Volume) 2002 Year 3 (Volume) 2003 Groundwater 14,125 15,255 16,475 17,793 19,217 Imported Water 4,690 5,065 5,470 5,908 6,381 Recycled Water 420 454 490 529 571 Total Estimated Demands 19,235 20,774 22,436 24,231 26,169 Total Projected Supplies 19,235 20,774 22,436 24,231 26,169 Unit of Measure: Acre- feetlYear In March each year, the Cityforecasts 5- yearminimum water supply availability for each of its sources of water. These forecasts are then submitted to MWDOC. The driest three -year historic sequence for the City's water supplies was from 1990 to 1992. Because shortages can have serious economic and environmental impacts, the City will make every effort to limit water shortages. 14 IS CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN 1W Transfer or Exchange Opportunities Law 1063 1. A plan shall be adopted in accordance with this chapter and shall do all of the following: 10631 (d) Describe the opportunities for exchanges or transfers of wateron a short -term or long -term basis. WaterTransfers •The City of Newport Beach has not considered water transferring as an option. Newport Beach believes that through proactive water conservation policies and programs and recycling urban runoff will increase the reliability of its water supply. • Water Conservation and recycled water are considered additional sources of water, because it frees up waterthat would otherwise be used inefficiently. Water transferring does not create additional water. 15 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Law Chapter 5 - Water Use Provisions 1063 1. A plan shall be adopted in accordance with this chapter and shall do all ofthe following: 10631 (e) (1) Quantify, to the extent records are available, past and current water use, over the same five -year increments described in subdivision (a), and projected water use, identifying the uses among water use sectors including, but not necessarily limited to, all of the following uses: (A) Single- family residential; (B) Multifamily; (C) Commercial; (D) Industrial; (E) Institutional and governmental; (F) Landscape; (G) Sales to other agencies; (H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination • thereof; and (1) Agricultural. (2) The water use projections shall be in the same 5 -year increments to 20 years or as far as data is available. • Past, Current and Projected Water Use Water use in Newport Beach is closely linked to the local economy, population, and weather. Over the last half century a prosperous local economy has stimulated population growth, which in turn produced a relatively steady increase in water demand. However, fluctuating economic and weather conditions in the 1990s and lingering effects from the 1987 -1992 drought resulted in deviations from historic demand pattems. By 1999 a new combination of natural population increase and job creation surfaced as the primary drivers of long -term water consumption increases. Past and current water use have not been classified into these seven categories. The City recently completed a comprehensive review of its accounts and has classified them into these seven categories. Future reports on projected water use in Newport Beach will be based on these seven categories: single - family residential, multi - family residential, commercial /industrial, institutional, irrigation, agriculture and recycled water A break down of the these categories, based on the City's general plan is shown in Chart 5 -1. 16 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN E Current Percentage of Accounts By Customer Sector (2000) Public llgericles & Offices Other Commercial R 4% Imtustrlal 6X Multi- Family Resldemial 27X SiMle Family Resldemial 62% Chart 5 -1 Residential Sector Residential water consumption is composed of both indoor and outdoor uses. Indoor water use includes sanitation, bathing, laundry, cooking and drinking. Most outdoor water use is to meet landscaping irrigation requirements. Other minor outdoor uses include carwashing, surface cleaning and similar activities. For single - family residences in Newport Beach, outdoor demands are as high as 60 percent of total water use. Single- family residences generally contain larger landscaped areas, predominantly planted in turf, and require more waterfor outdoor application in comparison to other types of housing. The general characteristics of multi - family and mobile homes limit outdoor landscaping and water use, although some condominium and apartment developments do contain green belt areas. Commercial /industrial /institutional Sectors Commercial water demand consists of generally incidental uses but are necessary for the operation of a business or institution, such as drinking, sanitation and landscape irrigation. Major commercial water users include service industries such a restaurants, car washes, laundries and hotels. Industrial water consumption consists of a wide range of uses, including product processing and • small -scale equipment cooling, sanitation and air conditioning. Water- intensive industrial uses in 17 IS CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN 1W Newport Beach, such as electronics manufacturing, typically require smaller amounts of waterwhen compared to other water - intensive industries found elsewhere in Southern California, such as petroleum refineries, chemical processors, and canneries. Institutional water use consists primarily of schools and churches within the service area. Wateruse characteristics tend to be similar to commercial uses but based on average daily attendance. Outdoor use also tends to be somewhat higher for landscaped areas and ball fields. However, many of these areas tend to be metered separately and categorized as irrigation. The tourism industry in Newport Beach affects water usage by not only the number of visitors, but also through the expansion of service industries and attractions, which tend to be larger outdoor water users. Tourism is primarily concentrated in the summer months and affects seasonal demand and peaking. Population forecasts do not specifically account for tourism, but tourism is reflected in the economic forecasts and causes per capita use to increase. Irrigation Sector • The effects of seasonal differences will have an obvious influence on irrigation demands. The City has irrigation accounts that reclaimed water and potable water. The majority of the usage for irrigation is from potable water accounts. Agricultural Sector The City has no dedicated water accounts for agriculture. The are several areas of open space, which are naturally watered and do not considered agriculture. Recycled Water Sector In 1999, Newport Beach sold 650 -acre feetof recycled water. This waterwas used only by irrigation customers to watergolf courses, median strips and otherlandscaped areas. Overall, recycled water use represents almost 3 percent of total water use in Newport Beach. As in other sectors, wide seasonal fluctuations occur with recycled water use. In February 2000, recycled water represented less than 1 percent of total water use, while the following June, it represented almost 5 percent. Recycled water use tends to be lower in the winter months to avoid potential runoff into lagoons and the ocean during rainyweather. The City of Newport Beach has recently developed a Recycled Water Ordinance, which outlines the •City's availability of recycled water for large irrigation user and the rules, and regulations which end users must follow. This ordinance is in "Draft" form and has not been approved by the City Council. 18 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Chapter 6 - Supply and Demand Comparison Provisions Law 10635(a) Every urban water supplier shall include, as part of its urban water manage- ment plan, an assessmentof the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assess- ment shall compare the total water supply sources available to the water supplier with the total projected water use over the next 20 years, in five -year increments, for a normal water year, a single dry water year, and multiple dry water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 1063 1, including available data from the state, regional, or local agency population projections within the service area of the urban water supplier. • Supply and Demand Comparison • Table 6 -1 compares current, and projected water supply and demand. It indicates that in average precipitation years, the City of Newport Beach has sufficient water to meet its customers' needs, through 2020. This is based on continued commitment to conservation programs, additional recycled water becoming available, future production of groundwater, and MWDOC's efforts to reduce our dependence on imported water supplies from MWD. Table 6 -1 Current and Projecyed Water Supplies (AFY) Water Supply Sources 2000 2005 2010 2015 2020 Purchased from MWDOC 4690 5300 Groundwater 7_127 15iSUU ecyc led Wafer upp y. o a s 1 zlauo 5u eman d lotals 1755 Pitterence 19 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • • Dry-Year Water Assessment The dry-year assessment is shown in Table 6 -2 and includes demands and supplies during a single dry year (2010) and multiple dry wateryears (2001, 2002 and 2003). Since Newport's entire potable waterdemand is met with imported and local watersupplies. The City is highly dependent on OCWA and MWD to meet its needs during dry years. Fortunately, MWD does not anticipate any water shortages in the dry-year scenarios analyzed. Studies have shown that hot, dry weather may generate urban water demands that are about 8 percent greater than normal. This percentage wasused to generate the dry year demands shown in Table 6-2. No extraordinary conservation measures, beyond BMP implementation, are reflected in the demand projections. The additional supplies necessary to meet future demands in dry years will be obtained by MWDOC and OCWD through basin management, the purchase of other supplies from MWD. Table 6 -2 Supply Reliability Multiple ry Water Years Source Average /Normal Water Year 2000 (Volume) Single Dry Water Year (Volume) Year 1 (Volume) 2001 Year 2 (Volume) 2002 (V Groundwater 14,125 15,255 16,475 17,793 d2003 1Imported Water 4,690 5,065 5,470 5,908 Recycled Water 420 454 490 529 Total Estimated Demands 19,235 20,774 22,436 24,231 26,169 Total Projected Supplies 1 19,235 20,774 22,436 24,231 26,169 Unit of Measure: Acre- feetfYear 20 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Chapter 7 - Water Demand Management Measures Law 10631 (f) Provide a description of the supplier's water demand management mea- sures. This description shall include all of the following: (1) A description of each water demand management measure that is currently being implemented, or sched- uled for implementation, including the steps necessary to implement any proposed measures, including, but not limited to, all of the following... Demand management or water conservation, is frequently the lowest -cost resource available to a water agency, and is a critical part of the City's long -term strategy for meeting its water supply needs. The goals of our water conservation program are to reduce demand for more expensive, imported water, demonstrate continued commit- ment to the Best Management Practices (BMP's) and to ensure a reliable future water supply. Best Management Practices The California Urban Water Conservation Council (CUWCC) was formed in 1991 through a Memorandum of Understanding Regarding Urban Water Conservation in California (MOU). The urban water conservation practices, or BMP's, included in this MOU are intended to reduce California's long -term urban waterdemands. The City is a signatory to the MOU and is therefore a member of CUWCC, through MWDOC. Table 7 -1 provides an overview of Newport Beach's progress in the implementation of the recently updated BMP's as outlined by the CUWCC. BMP 1 - Residential Surveys Newport Beach has offered water audits to all residential customers since 1989. These audits are free of charge and funded entirely bythe Water Enterprise Fund. Audit components include: reviewing water usage history with the customer; checking for leaks inside and outside; checking for low water use plumbing devices; inspecting irrigation systems; recommending improvements; and providing • conservation literature. 21 _ CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • • BMP 2 - Residential Plumbing Retrofit The City of Newport Beach does not have a section in its ordinance, which requires that during the construction of new facilities, all existing plumbing should be changed to low flow or flush devices. However the City does reference the uniform plumbing code when reviewing constriction plans. In addition, State legislation effective January 1, 1992 requires the installation of efficient plumbing in new construction (1.6 gpftoilets; 2.5 gpm showerheads;1.0 gpf urinals; and 2.2 gpm kitchen /bathroom faucets). State legislation effective January 1, 1994 requires that only ULFT's be sold in California. Newport Beach participates in programs where its customers can get free faucet aerators, water - saving showerheads and toilet tank devices. 22 i BMPff Description Newport's Conservation Programs Compliance 1 Residential Surveys Residential Survey Program Yes 2 Residential Plumbing Retrofit" " Showerhead Dfstributioa: Yes 3 Distribution System Water Audits Yes 4 Metering with Commodity Rates Yes: 5 Yes Large Landscape Programs and Incentives Working with City staff on landscape training Protector Del Agua 6 High Efficiency Clothes Washer Rebates MWDOC Program recently began in area . Yes. 7 Public Information Program Newsletter /Bill Inserts/Handouts Yes Web page access to information Water Conservation Literature Water Awareness Month Celebration Water Facility Tour 8 School Education Programs Water Eduction Material Yes MWDOC Education Programs Poster /Slogan Program 9 Commercial, Industrial & Institutional (CII) No Program in place No Water Conservation 10 Wholesale Agency Assistance.Program Not 'applicable " N /A.': 11 Conservation Pricing Flat rate - Looking at a possible tiered rate No 12 Water Conservation Coordinator One -half position Yes 13 Water Waste Prohibition Ordinance in place with water waste Yes restrictions 14 Residential LILFT Replacement Program lResidential LILFT Program Yes 22 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN BMP 3 -- Distribution System Water Audits, Leak Detection and Repair City staff reviews monthly water production records and compares the amount of water produced againstthe monthly - billed consumption records to determine the amount of unaccounted for water. City employees routinely drive water transmission line routes to visually look for water leaks. In addition, the City has an aggressive meter exchange program where older, less accurate water meters are exchanged for new, accurate ones. As a result, the City's annual water loss percentage has averaged about 4 percent for the past five years. BMP 4 -- Metering with Commodity Rates Metering of all water use and billing by volume has long been the standard practice of the City. • BMP 5 -- Large Landscape Programs and Incentives • The City's Water Conservation Specialist has been working with trained professionals to conduct landscape water audits with in -house staff and equipment and has been doing so since 1998. The City also participates in MWD's irrigation training classes for landscape contractors (in English and Spanish) and for homeowners. This program, called Protector Del Agua Irrigation Management Training, sponsored by MWD and MWDOC, is a bilingual irrigation management- training program for professional landscape contractors and residential do-it- yourselfers. BMP 6 - High - Efficiency Clothes Washer (HEW) Rebates/Vouchers MWDOC just recently began participating in MWD's HEW rebate program. This program offers a financial incentive to customers who replace their conventional clothes washing machine with a water and energy efficient washing machine. There has not been much saturation of the City's water customers that this program would apply to, but the City and MWDOC will be working on increasing the number of customers participating in this program. 23 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN BMP 7 -- Public Information Programs The City has an extensive public information program, including: an annual newsletter mailed to all customers, a web site at www.ci.newport- beach.ca.us, bill inserts, information on the water bill regarding previous usage, an annual promotional event at either community associations or churches. The City's Water Conservation Specialist participates is a member of MWDOC's Public Affairs Group. This group conducts monthly meetings to coordinate public outreach efforts and share information and ideas. Each May, the City participates in Water Awareness Month, increasing the need forwater awareness in our customers. Water Awareness Month activities include activities such as: ♦ Children's Drinking Water Festival —Asa member of the Groundwater Guardian Team, Newport participates a helps sponsor the annual Water Education Festival • during the first week of May. This two -day event geared towards third and fourth grade students features hands -on activities, theater and events to promote water education. ♦ Poster /Slogan Contest— Each year in May MWDOC with it's member agencies honor 28 elementary students as winners in the "Water is Life' Poster and Slogan contest. Newport solicits its schools encouraging participation and is involved in the judging of the artwork. Newport provides facility inspection tours of the City's reservoir and groundwater production facility to students and interested community groups. Newport regularly provides information as requested, including newsletters, fact sheets, brochures, annual reports, displays and other pertinent conservation information. Some of this material is provided from MWDOC and is made available tothe public. Newport also provides some information on the Internet on its web site, www.city.newport- beach.ca.us. Water quality reports or also referred as Consumer Confidence Reports are mailed out to all water consumers in Newport Beach. This report, required by the Califomia Department of Health Services, includes information about the sources of quality water provided by the City. This report also provides Newport with the opportunity to provide messages about water use efficiency and conservation to • ourcustomers. 24 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN BMP 8 -- School Education Programs NewportBeach has education material available for all elementary grade levels from intemal sources as well as a being a memberof MWDOC. Adetailed list of the programs available through MWDOC is listed in its plan. The City has an active role in the Children's Annual Drinking Water Festival, providing in -kind services as well as providing sponsorship of some events. Newport has actively pursued the participation of Newport schools, grade 3-4 forthis festival. In addition, the City provides literature, contests and presentations to various levels of elementary grades. BMP 9 - Commercial, Industrial and Institutional (CII) Water Conservation Newport Beach has not participated in any Commercial, Industrial and Institutional (CII) Water Conservation programs. • BMP 10 - Wholesale Agency Assistance Programs • This BMP applies to wholesale agencies only. BIVIP 11 -- Conservation Pricing Newport's commodity rate is a flat uniform rate forall potable users (reclaimed users pay 80% of the current potable rate). Newport currently is analyzing its commodity rate to determine if a tiered rate structure can be utilized, to promote conservation. BMP 12 - Conservation Coordinator Newport Beach has one full -time employee who acts as the Water Conservation Specialist and an analyst devoting halftime to conservation coordination. In addition, as a member of MWDOC, con- servation programs are provided and administered through MWDOC's conservation group. 25 - CITY OF NEWPORT BEACH BMP 13 --Water Waste Prohibition 2000 URBAN WATER MANAGEMENT PLAN The City of Newport Beach does not have a formal water waste prohibition, except in a drought stage. However, the City does attempt to promote the most reasonable, wise and efficient use of water. Some of the suggested practices include: • New landscaping shall incorporate drought- tolerant plant materials and drip irrigation systems, wherever possible. • Water leaving the user's property due to over - irrigation of landscape, should be minimal. If an incident such as this is reported, a customer service representative will visit the location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. • It is suggested that watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m. the following morning). • All leaks are investigated and repaired. • Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. • Reclaimed or water shall be used wherever available, assuming it is economically feasible. BMP 14 - Residential Ultra -Low Flush Toilet (ULFT) Replacement Over the past five years, Newport Beach has been actively participating in local toilet replacement programs. These programs provided by MWDOC and previously through Coastal Municipal Water District, encouraged residents to replace their water guzzling toilets with 1.6 gallon per flush ULFT's. Through these programs, Newport customers have replaced almost 4,000 toilets. These toilets were replaced by customers participating in four different methods: ♦ Rebates — Participants who purchase their own approved ULFT may receive a rebate, with proof of purchase and installation. ♦ Free Distributions — Saturday distributions within the City to distribute large quantities of free ULFT's to qualified participants. ♦ Member Agency Distributions — In 1999, Newport Beach took a drop shipment of ULFT's and distributed them over time to qualified participants in the City at no charge. The City began the kick -off on a Saturday in WaterAwareness Month and then kept a number of UFLT's to distribute as requested for a couple of months • after. 26 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Law Chapter 8 - Water Shortage Contingency Plan 10632. The plan shall provide an urban water shortage contingency analysis which includes each of the following elements which are within the authority of the urban water supplier... 10632 (c) Actions to be undertaken by the urban water supplier to prepare for, and implement during, a catastrophic interruption of water supplies including, but not limited to, a regional power outage, an earthquake, or other disaster. The effective management of water supply shortages is an important •responsibility of water agencies in Southern California. Shortages may be caused by droughts, failures of major water transmission facilities during earthquakes, an acute contamination of supplies due to chemical spills, or other adverse conditions. • The need for an effective management program to mitigate water supply shortages arises from Newport's experiences during the 1990 drought. The current approach to managing water shortages has evolved from these drought experiences. The City of Newport Beach has an operational plan that is utilized for all types of emergencies, such as power failures, earthquakes and other disasters. This plan was initially established in 1992, but has been amended as recent as last year in preparation for the year 2000. The City is in a unique position in terms of storage, having within its service area a large open storage reservoir, Big Canyon Reservoir, at nearly 600 -acre feet or approximately 196 million gallons. Total storage capacity, at its average operating level, is 102.3 MG. Of this storage, the City reserves a regulatory storage volume equivalent to about 25 percent of the maximum day demand, plus 3.7 million gallons fire storage for a total of 11.7 MG. Thus Newport has approximately 90 MG of storage which can be considered emergency storage. Under the ultimate average day demand of 17.7 mgd, this represents 5.3 days of storage, which is more that the 1 to 3 days' volume typically found in Southern California water agencies. These numbers will be increased when the City completes a project to cover this open reservoir with a floating cover. This is scheduled to begin in 2002. 27 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Water Shortage Contingency Plan Law 10632. The plan shall provide an urban water shortage contingency analysis which includes each of the following elements which are within the authority of the urban water supplier: 10632 (a) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply and an outline of specific water supply conditions which are applicable to each stage. 10632 (d) Additional, mandatory prohibitions against specific water use practices during water shortages, including, but not limited to, prohibiting the use of potable water for street cleaning. 10632 (e) Consumption reduction methods in the most restrictive stages. Each urban water supplier may use any type of consumption reduction methods in its water • shortage contingency analysis that would reduce water use, are appropriate for its area, and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply. 10632 (f) Penalties or charges for excessive use, where applicable. 10632 (h) A draft water shortage contingency resolution or ordinance. 10632 (i) A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis. An ordinance adopting a water conservation program was adopted by the City Council in 1992 (see Appendix D for complete text of the ordinance). This ordinance outlines ten stages of water alerts that describe different required conservation savings, as shown in Table 8 -1. These conservation savings range from voluntary compliance with reasonable conservation efforts in Phase 1 to a mandatory 50 percent reduction in Phase 10. Enforcement and penalties for violations of the mandated restrictions are noted in Section 14.16.060 of the ordinance. Emergency response stage actions become effective when MWD or MWDOC declares that it is unable to provide sufficient water supplies to meet the ordinary demands and requirements of its member agencies without depleting available water supplies, to the extent that insufficient water would be available for human consumption, sanitation and fire protection. When MWD or MWDOC • announces its stage declaration, Newport concurrently would declare its corresponding stage. 28 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • • " ' ` Table 84.1 C�fyof_Newport Beach Water,Conservatlon Stages Stage Sh orlag e Condition Customer Reducation Compliance Level Normal 10% Voluntary Water Nert 10% Mandatory Water Alert 15% Mandatory Water Warning 20% Mandatory Water Warning 25% Mandatory ---Water warning o Mandatory Water Warning 35% Mandatory Water Warning o Mandatory Water Warning 45% Mandatory Water Warning 50% Mandatory Revenue and Expenditure Impacts /Measures to Overcome Impacts Law 10632. The plan shall provide an urban water shortage contingency analysis which includes each of the following elements which are within the authority of the urban water supplier: 10632 (g) An analysis of the impacts of each of the actions and conditions described in subdivisions (a) to (f), inclusive, on the revenues and expenditures of the urban water supplier... 10632 (g) An analysis of the impacts of each of the proposed measures to overcome those [revenue and expenditure] impacts, such as the developmentof reserves and rate adjustments. Newport Beach collects 88% of its revenue from commodity charges. This heavy reliance on variable revenue leaves the City vulnerable to fluctuations in water sales. A new rate structure is being identified that might lessen Newport's reliance on variable charges and shifted revenues to fixed sources such as the monthly water service fee. • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • • In the event that revenues are less than required to meet the City's financial obligations, a contingency reserve fund has been established. Prudent fiscal management requires that reserve funds be established and maintained at adequate levels to provide short-term capital in case of emergencies. Newport's operating reserves represent a minimum of 25 percent of annual operating expenses. This balance is necessary because of our dependence on MWDOC and MWD for our water supply. In the event of a water emergency, Ordinance 92 -34 would be activated to respond to the level of shortage. At that time, drought response stage actions would go into effect and Newport would be operating with reduced water sales. The amount of decreased revenue would depend upon the response stage under which the City would operate. 30 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN MW • • Law Chapter 9 - Water Recycling 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. To the extent practicable, the preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies and shall include all of the following: 10633 (a) A description of the wastewater collection and treatment systems in the supplier's service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal. Wastewater System Description The sewer service area covered also by the City of Newport Beach includes the majority of the City's boundary, with the exception of a couple of small areas of the city (see map in Appendix E). The estimated year 2000 sewer service population is relatively the same as the water customers. Within its service area, Newport is responsible for wastewater collection and conveyance to the Orange County Sanitation District Facility (OCSD), located in Huntington Beach. OCSD also treats wastewater from several other municipalities. OCSD discharges treated water into the ocean through a 120" diameter ocean outfall pipe that extends five miles from shore to the discharge point 180 feet below the ocean surface. A standby 78 "- diameter outfall pipe stretches one mile from shore. The treatment levels meet all current State and Federal requirements. OCSD also reclaims up to 10 million gallons of treated wastewater every day, which is sent for further processing to the Orange County Water District and then used for landscape irrigation and for infusion into the groundwater seawater intrusion barrier. 31 - CITY OF NEWPORT BEACH Recycled Water Uses Law 2000 URBAN WATER MANAGEMENT PLAN 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. To the extent practicable, the preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies and shall include all of the following: 10633 (b) A description of the recycled water currently being used in the supplier's service area, including but not limited to, the type, place and quantity of use. 10633 (c) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat • enhancement, wetlands, industrial reuse, groundwater recharge, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. L J 10633 (d) The projected use of recycled water within the suppliers service area atthe end of 5, 10, 15, and 20 years. Recycled Water Currently Being Used The City of Newport Beach has approximately 10 miles of recycled distribution pipeline. This distribution system currently supplies 8 recycled use sites. The sites served by recycled water include Bonita Creek Park, Newport Beach Country Club and Big Canyon Country Club. While these are the most recognized sites being supplied with recycled water, it is also supplied to median strips and the common areas of a homeowners association. Recycled water is supplied to Newport from the Orange County Water District from Fountain Valley as part of the District's Green Acres Project. OCWD produces approximately 7.5 million gallons per day of tertiary treated, disinfected recycled water. Because of limited access to the project mains and some financial impact on end users, the City does not predict many other end users in the near future. 32 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Potential Uses of Recycled Water/Technical and Economic Feasibility Analysis Potential recycled water users are locations where recycled water could replace potable water use. These potential users are typically landscape or agricultural irrigation systems, or possibly industrial water users. This section discusses previous user assessments and current customer assessment within the City Previous Assessments In 1998, Newport Beach identified potential recycled water user looking at past studies, water meter records, irrigation meter records, and assistance from OCWD. User types included the following: golf courses, landscape medians, school athletic fields, a cemetery and park irrigation. Specific potential customers were listed, along with an estimate of recycled water use at that site. Because of the nature of the location of available resource, compounded with hydraulic grade levels, • limited the amount of feasible users that the City could target as reclaimed users. Current Customer Assessment The City has identified and approached all of the cost - effective end users. The City has maximized opportunities for end users and could only increase the number of users if a neighboring agency provided the reclaimed water and wheeled it to the City. However, inmost areas, the cost to install mains and services would make the conversion very expensive. Irrigation Meter Record Survey. The City has incorporated the locations of the recycled mains and services on the City's GIS water atlas system. This system is colored coded and tagged differently, so that field crews would not have any difficulty locating it or differentiating it from the potable water system. The City currently serves approximately 1,200 AFY of irrigation demand using potable water. However, in most cases these demands are located a long distance from the existing recycled system such that it is not cost effective to connect. Ultimate Customers The Ultimate System will serve only 450 AFY of recycled water in the year 2020. A few potential •customers were also eliminated from the distribution system due to their remote location, and associated high incremental cost of connecting pipelines. 33 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Encouraging Recycled Water Use Law 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. To the extent practicable, the preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies and shall include all of the following: 10633 (e) A description of actions, including financial incentives, which may be taken to encourage the use of recycled water, and the projected results of these actions in terms of acre -feet of recycled water used per year. • 10633 (f) A plan for optimizing the use of recycled water in the supplier's service area, including actions to facilitate the installation of dual distribution systems and to promote recirculating uses. �J Encouraging and optimizing recycled water use in the Newport Beach service area involves a combination of financial incentives, city policies, staff assistance and training opportunities. Financial Incentives Newport currently subsidizes the use of recycled water by giving recycled users a 20 percentdiscount off potable water rates. The current rate for recycled users is $1.60 per unit (one unit = 748 gallons). City Policies It is the policy of the City that recycled water shall be used within the jurisdiction wherever its use is economically justified, financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment. This policy requires the City to prepare and adopt a Recycled Water Ordinance to define, encourage and develop the use of recycled water. 34 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN Staff Assistance Newport Beach has a Cross Control Connection Specialist who reviews on -site irrigation systems to verify no cross connections have occurred between the potable and recycled water systems. In addition, reviews are made to eliminate overspray and nuisance problems. To date, no major problems have occurred. A quarterly report is submitted to the Regional Water Quality Control Board on any Feld tests and observations. For businesses, cross connection tests are often performed at night to reduce impacts on their operations and customers. User guidelines have been established by City in conjunction with the Orange County Health Department, which are intended to provide the basic parameters for the use of recycled water in landscape irrigation. These guidelines include the control of: => Run -off that directly or indirectly causes recycled water to run -off outside of the approved use area. • => Conditions that cause recycled water to pond outside of or within the approved use area. => Unapproved uses of recycled water other than those explicitly approved in the end user agreements. => Disposal of recycled water for any purpose, including approved uses, in areas other than those approved in the end user agreement. => Cross - connections between the recycled water system and the potable water system are strictly prohibited. => Use of hose bibs and fire hydrants on any onsite system that presently operates with recycled water. => Location of irrigation of recycled waterwithin 500 feet of any well used for potable supply. Training Due to the minimal amount of end users, no formalized training is provided by the City to the end users. The City's Cross Connection Control Specialist provides hands -on training on an individualized basis and provides daily support as needed. The City provides annual training to the Cross - Connection Control Specialist to ensure that current regulations and policies are being implemented in Newport Beach. The City requires that this position is obtains a minimum of a Grade Two Water Treatment and Distribution certification bythe State of California and be an AWWA Certified Backflow • Specialist. 35 - CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • APPENDIX A • • DEPARTMENT OF WATER RESOURCES 2000 URBAN WATER MANAGEMENT PLAN CHECKLIST • • Page # In Plan Seetlo[rof law.`' ftems to Address ;'. t ' 2 10642 Make plan available for public inspection before adoption. 2 Adopt plan as prepared or as modified after public hearing 2 10620 (d) (2) Coordinate the preparation of its plan with other appropriate agencies, including direct and indirect suppliers, wastewater, groundwater and planning agencies (refer to section 10633) 5 10631 (a) Provide current and projected population in 5 -year increments to 20 years. 3 Describe the climate and other demographic factors. 8 10631 (b) Identify and quantify the exisiting and planned sources of water available in 5 year increments to 20 years. 15 10631 (d) Describe opportunities for exchanges and transfers of water on short-term or long -term basis. 13 10631 (e) (1) Quantify current and past water use in 5 -year increments to 20 years. n/a 10631 (e) (2) Identify projected water uses among water use sectors in 5 -year increments to 20 years. 14 10631 (c) Describe average, single dry and multiple dry water year data. n/a IDescribe any plans to replace inconsistent water sources. 14 10632 (b) Provide minimum water supply estimates based on driest three -year historic sequence. 10 10631(c) Describe the reliability of water supply. 12 Describe the vulnerability of water supply to seasonal or climatic shortage. 31 10633(a) Describe the wastewater collected and treated in the supplier's service area. 31 Quantify the amount of wastewater collected and treated in the supplier's service area. 31 Descirbe the methods of wastewater disposal in the supplier's service area. 32 10633(b) Describe the type, place and quantity of recycled water currently used in the supplier's service area. 19 10633 (c) (d) Describe and quantify potential uses of recycled water in 5 -year increments to 20 years. 33 Desribe the technical and economic feasibility of serving the potential users of recycled water. 34 10633(e) Describe the actions that may be taken to encourage recycled water use. 19 10633(e) Provide the projected acre -feet results of recycled water used per year. 34 10633 (f) Provide a plan for optimizing the use of recycled water in the supplier's service area. 35 Provide actions to facilitiate the installation of dual distribution systems and to promote recirculating uses. 14 10635(a) Provide an assessment of the reliability of the water supplier's water service to its customers during normal, single dry and multiple dry water years. 19 Compare the total water supply sources available to the water supplier with the total projected water use over the next 20 years, in 5 -year increments (refer to 10631(c )). • • • Page t.ln Plari' Sactlon of Lavr = Items:Address. - Y- •� .' V i� =. . 19 Compare normal, single dry and multiple dry year projected water supply sources available to the water supplier with normal, single dry and multiple dry water year projected water uses (refer to 10631(c )). 27 10632 (c) Provide actions a water supplier will take to prepare for a catastrophe. 40 10632 (h) Provide a copy of a draft water shortage contingency resolution or ordinance. 29 10632 (a) Provide water shortage stages of action, including up to a 50 percent reduction outlining specific water supply conditions at each stage. 40 10632 (d) Provide mandatory prohibitions. 40 10632 (f) Provide penalties or charges. 40 10632 (e) Provide consumption reduction methods. 29 10632 (g) Provide an analysis of the impacts on the water supplier revenues and expenditures. 29 Provide measures to overcome revenue and expenditure impacts. 40 10632 (i) JProvide a mechanism for determining actual reductions in water use. 37 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • APPENDIX B • • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • E RESERVED FOR PUBLIC NOTICE 37 _ CITY OF NEWPORT BEACH mr • 2000 URBAN WATER MANAGEMENT PLAN RESERVED FOR RESOLUTION 38 • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • APPENDIX C • • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • APPENDIX D • CJ • • satisfaction of the City, or if there is a physical means legally available to the City of selectively discontinuing service to those residential occupants who have not met the requirements of the City, the City shall make water service available to those residential occupants who have met those require- ments. (Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 1 (part), 1993) 14.12.170 Unsafe Equipment. The City may refuse to establish or may discon- tinue service to any customer if any part of the plumbing or other equipment, or use thereof, is determined by the City to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or of any condition existing upon the customer's premises shall be determined to endanger the City's service facilities, until it shall have been put in a safe condition or the violation remedied. The City does not assume any responsi- bility of inspecting or repairing the customer's plumbing or other equipment or any part thereof and assumes no liability therefor. (Ord. 96-22 § 1 (part), 1996: Ord. 92 -56 § 1 (part), 1993) 14.12.160 Chapter 14.16 WATER CONSERVATION* Sections: 14.16.010 Findings and Purpose. 14.16.020 Definitions. 14.16.030 Prohibitions. 14.16.040 Conservation Phase Implementation. 14.16.045 Permanent Water Usage Restrictions. 14.16.050 Water Conservation Phases. 14.16.060 Surcharges. 14.16.070 Exemptions. 14.16.080 Relief from Compliance. 14.16.090 Failure to Comply. 14.16.100 Applicability. • Prior ordinance history Ord. 91 -17. 14.16.010 Findings and Purpose. A. The City of Newport Beach delivers water to its residents through a comprehensive system of reservoirs, water mains and pipes. The water sold to Newport Beach residents comes exclusively from sources outside of the City of Newport Beach. The City relies heavily on Metropolitan Water District ( "MWD ") for its supply of water. MWD supplies water to many agencies, including large purveyors such as the Los Angeles Department of Water and Power. MWD's primary source of water is the Colo- rado River and related storage facilities. MWD's ability to supply water is contingent upon many factors, including the extent of Colorado River flows, water taken from the Colorado River by those with prior rights, the amount of water available to major purveyors such as DWP from the Los Angel- es Aqueduct and the State Water Project, the amount of water available to smaller purveyors from these same sources or wells, and the demand for water from agricultural, industrial, and residential users. Southern California's demand for water is such that short-term drought may result in signifi- cant reductions in MWD's allocations of water to (Newport Beach 8 -96) • E 14.16.010 the City of Newport Beach and extended drought will result in drastic allocation reductions, which, in turn, require imposition of stringent measures to insure reduced consumption. This chapter provides a mechanism for quickly imposing mandatory water conservation measures ranging from voluntary con- sumption reductions to measures which restrict water usage to the minimum necessary for basic human health and sanitation. B. Continued population growth in California and Arizona will, over time, dramatically reduce the amount of water available to MWD and other major water purveyors. The ability of Newport Beach to provide its residents with adequate supplies of water is contingent upon implementation of a comprehen- sive program, including development and implemen- tation of plans to tap new sources of water, imple- mentation of drastic restrictions on consumption during periods of drought, and implementation of water conservation measures during periods of nor- mal rainfall to insure the highest beneficial use of the resource. C. The mandatory restrictions on water use, the prohibition of activities that waste water as well as the penalties and surcharges provided by this chapter are the minimum controls necessary to insure ade- quate supplies of water now and in the future. The surcharges for water consumption in excess of the limits specified in the various conservation phases reflect, and will reimburse the City for, surcharges imposed by MWD for deliveries in excess of alloca- tions. These surcharges combined with penalties for excess consumption and activities which waste water are necessary to insure the maximum beneficial use of an extremely limited resource. Restrictions on the use of revenue derived from surcharges and penal- ties will insure the lowest feasible basic water rate and the development of new sources of water to supplement MWD allocations in the future. (Ord. 96-22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.020 Definitions. "Base" means the amount of water, expressed in billing units used by a customer during one of the six base periods. • (Newport Beach 8.96) "Basic water rate" shall mean the charge for water, expressed in terms of billing units, estab- lished pursuant to Section 14.12.040 of the Newport Beach Municipal Code. "Base period" means one of six billing periods used for calculating compliance with the water conservation requirements of this chapter. The base periods for the four billing groups within the City of Newport Beach are as specified below: Group I: June 8, 1989 to August 10, 1989 August 10, 1989 to October 10, 1989 October 10, 1989 to December 7, 1989 December 7, 1989 to February 8, 1990 February 8, 1990 to April 6, 1990 April 6, 1990 to June 7, 1990 Group II: June 15, 1989 to August 15, 1989 August 15, 1989 to October 19, 1989 October 19, 1989 to December 14, 1989 December 14, 1989 to February 15, 1990 February 15, 1990 to April 12, 1990 April 12, 1990 to June 20, 1990 Group III: July 13, 1989 to September 13, 1989 September 13, 1989 to November 9, 1989 November 9, 1989 to January 11, 1990 January 11, 1990 to March 13, 1990 March 13, 1990 to May 10, 1990 May 10, 1990 to July 15, 1990 Group IV: July 19, 1989 to September 19, 1989 September 19, 1989 to November 13, 1989 November 13, 1989 to January 15, 1990 January 15, 1990 to March 19, 1990 March 19, 1990 to May 16, 1990 May 16, 1990 to July 20, 1990 "Billing period" means the time interval between two consecutive water meter readings taken for billing purposes. • • • "Billing unit" means one hundred (100) cubic feet of water (seven hundred forty -eight (748) gallons). "Corresponding base period" shall mean the base period that best corresponds, in terms of number of days, to a billing period that occurs during any conservation phase described in Section 14.16.050. "Customer" shall mean any person, group of two or more persons, partnership, corporation, trust, association or entity, receiving water service from the City of Newport Beach. "MWD" shall mean Metropolitan Water District, "Person" shall mean any person, group of per- sons, corporation, partnership, trust or business entity not receiving water service from the City of Newport Beach. "Surcharge" shall mean the additional charges (over and above the basic water rate) imposed for consumption in excess of that permitted during any conservation phase and as specified in Section 14.16.060. "Water consumption restrictions" shall mean those provisions of Section 14.16.050 which require customers to reduce the amount of water consumed during current billing periods in relation to the cor- responding base period. "Water usage restrictions" shall mean those provi- sions of Sections 14.16.045 and 14.16.050 which prohibit certain uses of water. "Water" shall mean potable water. (Ord. 96 -22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.030 Prohibitions. A. No customer shall use, or permit the use of, water supplied by the City of Newport Beach in a manner contrary to the restrictions imposed by any conservation phase then in effect. B. For the purpose of this chapter, the use of water by a tenant, employee, agent, contractor, representative or person acting on behalf of a cus- tomer, shall be imputed to the customer. (Ord. 96-22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.020 14.16.040 Conservation Phase Implementation. A. The Utilities Manager shall periodically moni- tor and evaluate the projected supply and demand for water by customers and shall recommend to the City Council implementation of a conservation phase appropriate under then current circumstances. The City Council shall consider the recommendation at a regularly scheduled public meeting and, after hearing such testimony as may be relevant, imple- ment the appropriate conservation phase by resolu- tion. The provisions of the conservation phase shall become effective upon publication of the resolution in a daily newspaper of general circulation provided, however, the consumption reduction provisions shall take effect as of the first full billing period com- mencing on or after the effective date of the resolu- tion. B. In the event MWD publicly expresses the intention to reduce water allocations in a manner that would effect the amount supplied to the City of Newport Beach, the City Manager may implement a conservation phase by publication of a notice to that effect in a daily newspaper of general circula- tion. The order of the City Manager shall become effective upon publication and shall terminate in thirty (30) days or the publication of a resolution of the City Council implementing the same or different conservation phase, whichever shall first occur. C. Except for the automatic termination provi- sions in the case of implementation by the City Manager, a resolution implementing a water conser- vation phase shall remain in full force and effect until repealed by the City Council, or until a subse- quent resolution implementing a different conserva- tion phase becomes effective. D. The Utilities Manager shall, subsequent to the adoption of a resolution implementing any water conservation phase, provide periodic reports to the City Council regarding compliance with the require- ments of the water conservation phase, current and anticipated allocations of water from MWD, and any change in circumstances that could warrant a posi- tion of more stringent measures or relaxation of (Newport B..h 5 -96) • • 14.16.040 measures then in effect. (Ord. 96-22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.045 Permanent Water Usage Restrictions. 1. No person or customer shall use water to wash any sidewalk, walkway, driveway, parking area or any other hard surface. 2. No person or customer shall use water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other purely aesthetic facilities, however, water may be used to fill or maintain levels if all liquid is recirculated. 3. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any person unless pursuant to an express request. 4. No person or customer shall permit water to leak from any pipe or facility connected to the meter or meters which measures the amount of water for which a customer is obligated to pay the City. 5. No person or customer shall water or irrigate any lawn, landscaping or other vegetation in a man- ner that causes or allows excess water to flow or run off onto an adjoining sidewalk, driveway, street, gutter or ditch. 6. No person shall use water for construction purposes with respect to any project that requires a grading permit without first having submitted a construction water plan to, and obtaining approval from, the Utilities Manager. (Ord. 96 -22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.050 Water Conservation Phases. A. Phase 1. Voluntary Ten Percent Reduction. Each customer shall use their best efforts, without mandatory restrictions, to use ninety (90) percent or less of the water consumed during the base period for that customer's group. B. Phase 2. Mandatory Ten Percent Cut -Back. No customer shall, during any billing period, con- sume more than ninety (90) percent of the water consumed during the corresponding base period. C. Phase 3. Mandatory Fifteen (15) Percent Cut - Back. No customer shall, during any billing period, (Newport Beach 8-96) consume more than eighty-five (85) percent of the water consumed during the corresponding base period. D. Phase 4. Mandatory Twenty (20) Percent Cut - Back. 1. No customer shall, during any billing period, consume more than eighty (80) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle. 3. No customer shall use water to wash any sidewalk, walkway, driveway, parking area or other hard surface. 4. No person shall water or irrigate any lawn, soil, landscaping or vegetation between the hours of ten a.m. and four p.m. E. Phase 5. Mandatory Twenty-Five (25) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than seventy-five (75) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and b. Washing is permitted only on the days speci- fied for watering or irrigation of lawns and land- scaping as specified in subsection (E)(3) of this section. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd- numbered addresses shall water only on Tuesdays, Thursdays and Saturdays. b. Customers with even - numbered addresses shall water only on Mondays, Wednesdays and Fridays. t7w • E c. Watering is permitted only between the hours of four p.m. and ten a.m. No watering or irrigation is permitted between the hours of ten a.m. and four p.m. F. Phase 6. Mandatory Thirty (30) Percent Cut - Back. 1. No customer shall, during any billing period, consume more than seventy (70) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and b. Washing is permitted only on the days speci- fied for watering or irrigation of lawns and land- scaping as specified in subsection (F)(3) of this section. 3. No person shall water or irrigate any lawn, soil, landscaping orvegetation, exceptin accordance with the following: a. Customers with odd - numbered addresses shall water only on Tuesdays and Fridays. b. Customers with even - numbered addresses shall water only on Mondays and Thursdays. c. Watering is permitted only between the hours of four p.m. and ten a.m. Watering or irrigation is prohibited between the hours of ten a.m. and four p.m. G. Phase 7. Mandatory Thirty-Five (35) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than sixty-five (65) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and 14.16.050 b. Washing is permitted only on the days speci- fied for watering or irrigation of lawns and land- scaping as specified in subsection (G)(3) of this section. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd - numbered addresses shall water only on Tuesdays. b. Customers with even - numbered addresses shall water only on Wednesdays. c. Watering is permitted only between the hours of six p.m. and six a.m. Watering or irrigation is prohibited between the hours of six am. and six p.m. d. Trees may also be watered on Sundays. H. Phase 8. Mandatory Forty (40) Percent Cut - Back. 1. No customer shall, during any billing period, consume more than sixty (60) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and b. Washing is permitted only on the days speci- fied for watering or irrigation of lawns and land- scaping as specified in subsection (11)(3) of this section. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd- numbered addresses shall water only on first and third Tuesdays. b. Customers with even - numbered addresses shall water only on first and third Wednesdays. c. Watering is permitted only between the hours of six p.m. and six a.m. Watering or irrigation is prohibited between the hours of six a.m. and six p.m. d. Trees may also be watered on Sundays, but only by use of a hand -held bucket. (Newpon Beach 6 -96) • • 14.16.050 I. Phase 9. Mandatory Forty-Five (45) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than Fifty -five (55) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and b. Washing is permitted only on the days speci- fied for watering or irrigation of lawns and land- scaping as specified in subsection (1)(3) of this section. 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, exceptin accordance with the following: a. Customers with odd- numbered addresses shall water only on first Tuesday. b. Customers with even - numbered addresses shall water only on first Wednesday. c. Watering is permitted only between the hours of ten p.m. and six a.m. Watering or irrigation is prohibited between the hours of six a.m. and ten p.m. d. Trees may also be watered on Sundays, but only by use of a hand -held bucket. J. Phase 10. Mandatory Fifty (50) Percent Cut - Back. 1. No customer shall, during any billing period, consume more than fifty (50) percent of the water consumed during the corresponding base period. 2. Watering or irrigation of plants, landscaping, vegetation or soil is prohibited, provided, however, plants, trees and shrubs may be watered by means of a hand -held bucket. 3. No person shall fill any pool, spa, decorative fountain, pond, lake or any body of water. (Ord. 96- 22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) (Newport ]Beach 8 -96) 14.16.060 Surcharges. A. The surcharges imposed by this section re- flect, in part, additional charges imposed by MWD on the City of Newport Beach for the purchase of water in excess of permitted allocations. The sur- charges are also intended to supplement penalties for violating water consumption restrictions by dramati- cally increasing the cost of water as consumption extends permitted thresholds. B. Customer shall pay the surcharges specified in this section for all water consumed in excess of the water consumption restrictions (Phases 2 through 10, inclusive), specified in Section 14.16.050. The surcharge shall be one dollar and twenty -four cents ($1.24) per billing unit for the first ten percent increment in excess of the ration level and an addi- tional one dollar and twenty-four cents ($1.24) for each subsequent ten percent increment above the ration level. For example, Phase 6 requires custom- ers to use no more than seventy (70) percent of the water consumed during the corresponding base period. A customer using forty-five (45) billing units when assigned a ration level of thirty -two (32) bill- ing units would pay the following: 32 units @ $1.34 (basic water rate) $42.88 4 units @ $2.58 ($1.34 + $1.24) 10.32 4 units @ $3.82 ($1.34 + $2.48) 15.28 4 units @ $5.06 ($1.34 + $3.72) 20.24 1 unit @ $6.30 ($1.34 + $4.96) 6.30 45 units total 95.02 The preceding surcharge shall be imposed on the customer's next water bill and shall be in addition to the basic water rate. (Ord. 96 -22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.070 Exemptions. A. The provisions of this chapter shall not apply to the following activities of a public entity: 1. The filling, operation and maintenance of a swimming pool open to the public. 2. The washing of refuse, sanitation and service vehicles owned and operated by a public entity to n „�9 • • E the extent necessary to insure public health, safety and welfare. B. The provisions of this chapter which restrict the watering or irrigation of landscaping vegetation, and soil, and those provisions which require the reduction of consumption shall not be applicable to customers who have participated in a fuel load modification program and have received an exemp- tion from the Utilities Manager. The Utilities Man- ager shall grant only that exemption necessary to mitigate the impacts of participation in the fuel load modification program such as, the need to irrigate replacement vegetation. C. The provisions of this chapter which restrict the watering or irrigation of lawns, landscaping, vegetation and soil shall not apply to commercial nurseries or other businesses whose main stock and trade consists of plants and vegetation. Provided, however, this exemption is applicable only to those businesses which submit a water conservation plan to, and obtain the approval of, the Utilities Manager. The Utilities Manager shall approve a water conser- vation plan submitted pursuant to this subsection only if the plan proposes the maximum feasible reduction in consumption. D. The provisions of this chapter that restrict the washing of vehicles, boats, and mobile equipment shall not apply to any car wash, auto detailer, or similar business that has applied for and received approval of, an exemption from the Utilities Manag- er. The Utilities Manager shall grant an exemption only if the plan provides for recirculation or recy- cling of water or otherwise proposes the maximum feasible reduction in consumption. E. The provisions of this chapter that require customers to reduce their consumption by specified percentages shall not apply to reduce consumption below levels necessary to maintain health, safety and sanitation as determined by the Utilities Manag- er. (Ord. 96-22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.070 14.16.080 Relief from Compliance. A. Intent and Purpose. The City Council recog- nizes that water consumption can increase or de- crease because of factors unrelated to wasteful water use practices. Many customers have installed water - saving devices and adopted water conservation practices that make it difficult to achieve the addi- tional reductions required by this chapter. This section recognizes that base adjustments may be necessary to insure that application of this chapter to any particular customer does not produce unjust or inequitable results. As a general rule, the Utilities Manager should not grant relief to any customer for any reason in the absence of a showing that the customer has achieved the maximum practical re- duction in water consumption other than in the specific area or areas for which relief is requested. B. Procedures. An application for relief from the provisions of this chapter may be filed by any cus- tomer with the Utilities Manager. The application shall be submitted on a form supplied by the Utili- ties Division. The application must be filed within ninety (90) days after the effective date of this chap- ter or ninety (90) days after implementation of the then current conservation phase, whichever shall occur last. The Utilities Manager shall approve or disapprove the application for relief within fifteen (15) days after it is filed and deemed complete. C. Factors. In determining whether relief should be granted, the Utilities Manager shall consider all relevant factors including, but not limited to, the following: 1. Whether compliance with the consumption and reduction provisions then in effect would result in unemployment or layoff of workers; 2. Whether additional persons are living or working in the structure or structures served by the meter or meters for which customer is responsible; 3. Whether customer had, during all or a portion of the base period, reduced consumption from prior years through the use of water conservation practic- es; 4. Whether any current or anticipated increase in production or manufacturing will require addi- tional water; (Newport Beach 9 -96) • • 14.16.080 5. The extent to which irrigation or watering of landscaping has been made necessary by compliance with fuel load modification programs; 6. The extent to which customer needs to use water to mitigate any emergency health or safety hazards; 7. The absence of one or more persons from the structure or structures served by the meter during all or a portion of the base period; 8. The special needs and characteristics of hos- pitals, clinics and other medical care facilities. D. Agreement. The Utilities Manager is empow- ered to enter into an agreement with any customer to resolve the application for relief. The agreement shall be memorialized in a writing signed by the customer. The agreement shall fix the rights of the customer and the City. The customer shall have no further right to seek relief pursuant to the provisions of this section. E. Final Decision. The Utilities Manager shall notify the customer of the decision on the applica- tion for relief by mailing notice of the decision to the customer, first class, postage prepaid, to the address specified on the application. The decision of the Utilities Manager shall be final. F. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall make any willful misrepresentation of a material fact with respect to any application for relief submitted pursu- ant to this section. Any violation of the provisions of this subsection shall be considered a misdemean- or, punishable as otherwise provided in this Code. (Ord. 96-22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.090 Failure to Comply. A. Penalties. The penalties specified in this section are exclusive and the other penalty provi- sions of this Code are inapplicable. 1. The following penalties shall be imposed for each violation of the general water usage restrictions contained in Section 14.16.045: a. For the first and second violations, the Utili- ties Manager shall issue a written notice of violation to the customer or person. (Newpon Beach 8.96) b. For a third violation by any customer within any twelve (12) month period, a penalty in the sum of fifty dollars ($50.00) shall be added to the customer's water bill. The third violation by any person within a twelve (12) month period shall constitute an infraction, punishable by a fine of fifty dollars ($50.00). c. For a fourth and any subsequent violation by any customer within any twelve (12) month period, a penalty in the sum of one hundred and fifty dol- lars ($150.00) shall be added to the customer's water bill. The fourth and any subsequent violation by a person during any twelve (12) month period shall constitute an infraction, punishable by a fine of one hundred and fifty dollars ($150.00). d. In addition to the penalties specified in sub- section (A)(1)(c) of this section, upon a fourth viola- tion, the Utilities Manager may install a flow restrictor on the meter or meters for which a cus- tomer is responsible and which are connected to the facility from which water was discharged in viola- tion of Section 14.16.045. 2. Consumption Restrictions. The following penalties shall be imposed foreach violation of the conservation phase restrictions then in effect: a. For the first and second violations by any customer, the Utilities Manager shall send a written notice of violation to the customer. b. For the third violation, a penalty shall be added to the customer's next water bill in accor- dance with the schedule specified below. The third violation by any person shall constitute an infraction with a fine imposed in accordance with the schedule specified below: 1. Meter with 3/4 inch service $50.00 2. Meter with 1 inch service 100.00 3. Meter with 1 -1/2 inch service 150.00 4. Meter with 2 inch service 200.00 5. Meter with 4 inch service 350.00 6. Meter with service larger than 4 inches 500.00 • • • c. For a fourth violation by any customer, the penalties specified in subsection (A)(2)(b) shall be doubled and added to the customer's next water bill. d. The Utilities Manager may install a flow restrictor upon or after the fourth violation by any customer. The flow restrictor shall be placed on customer's meter or meters that registered the exces- sive consumption or which were connected to the facility used to illegally discharge water. Customer may apply to the Utilities Manager for removal of the flow restrictor within sixty (60) days after instal- lation, provided the customer pays fifty dollars ($50.00) for removal. B. Notice. Prior to the imposition of any penal- ties or surcharge pursuant to this section and a right to a hearing to contest the validity of any such penalty and surcharge. Notice shall be deemed given when personally delivered to the customer or when deposited in the United States mail, first class post- age prepaid, and addressed in the same manner as normal water billings. Notices relative to the viola- tion of water consumption reduction requirements imposed by conservation phases may be given by specifying the violation, the facts supporting the violation, and the customer's right to a hearing in a conspicuous place on the first water bill sent to the customer for the billing period during which the violation occurred. If the penalty assessed is, or includes, the installation of a flow restrictor or the termination of water service, notice of the violation shall, in addition to that specified above, be posted in a conspicuous place on the property served by the meter or meters which recorded the excessive con- sumption or were connected to the facility from which water was illegally discharged. C. Hearing. Any customer against whom a pen- alty is levied pursuant to this section shall have a right to hearing. The customer shall be entitled to be represented by an individual of their choice, to present oral and documentary evidence in support of their appeal, and to review and comment on all evidence offered to establish the violation. (Ord. 96- 22 § I (part), 1996: Ord. 92 -31 § 4 (part), 1992) 14.16.090 14.16.100 Applicability. The provisions of this chapter shall be applicable to persons who receive water from agencies or entities other than the City of Newport Beach, and any water agency or water district serving residents of the City of Newport Beach shall enforce the provisions of this chapter. (Ord. 96 -22 § 1 (part), 1996: Ord. 92 -31 § 4 (part), 1992) (Nmpon Beach 8-96) C� • 14.17.005 Chapter 14.17 WATER - EFFICIENT LANDSCAPING Sections: 14.17.005 Intent and Purpose. 14.17.010 Definitions. 14.17.020 Applicabt7ity. 14.17.030 Landscape and Irrigation Design Standards. 14.17.040 Soil Management. 14.17.050 Maintenance Schedules. 14.17.005 Intent and Purpose. It is the purpose of this chapter to establish rea- sonable procedures and standards for the design, installation and maintenance of water - efficient land- scapes in conjunction with new construction projects within the City of Newport Beach to promote the conservation and efficient use of water within the City and prevent the waste of available water re- sources. (Ord. 96-22 § 1 (part), 1996: Ord. 92 -54 § 2 (part), 1992) 14.17.010 Definitions. As used in this chapter, the following terms shall have the meanings indicated: "Anti-drain valve" or "check valve" means a valve located under a sprinkler head that holds water in the system so it minimizes drainage from the lower elevation sprinkler heads. "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. "Applied water" means the portion of water sup- plied by the irrigation system to the landscape. "Automatic controller" means a mechanical or solid state timer, capable of operating valve stations which set the days and duration of a water applica- tion. "Backflow prevention device" means a safety device which prevents pollution or contamination of the water supply that could result from the reverse flow of water from the irrigation system. . (Newport Beach 8 -96) 480 "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, ecosystem. `Emitter" means drip irrigation fittings that slow- ly deliver water from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotrans- piration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. "Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and tran- spired by plants during a specific time. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). " Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirri- gated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irriga- tion system characteristics and management practic- es. The minimum irrigation efficiency for purposes of this chapter is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems. • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • APPENDIX E • i Irk I all WIN erg WA 51 fi � Flt. RFAM VIA K I v i � I� �� •p �■' �� Via:' � .\ \11,11, V ® • CITY OF NEWPORT BEACH 2000 URBAN WATER MANAGEMENT PLAN • APPENDIX F • CALIFORNIA URBAN WATER MANAGEMENT PLANNING ACT Established: AB 797, Klehs, 1983 Amended: AB 2661, Klehs, 1990 AB 11X, Filante, 1991 AB 1869, Speier, 1991 AB 892, Frazee, 1993 SB 1017, McCorquodale, 1994 AB 2853, Cortese, 1994 AB 1845, Cortese, 1995 SB 1011, Polanco, 1995 CALIFORNIA WATER CODE DIVISION 6 PART 2.6. URBAN WATER MANAGEMENT PLANNING CHAPTER 1. GENERAL DECLARATION AND POLICY 10610. This part shall be known and may be cited as the "Urban Water Management Planning Act." • 10610.2. The Legislature finds and declares as follows: (a) The waters of the state are a limited and renewable resource subject to ever increasing demands. (b) The conservation and efficient use of urban water supplies are of statewide concern; however, the planning for that use and the implementation of those plans can best be accomplished at the local level. (c) A long -term, reliable supply of water is essential to protect the productivity of California's businesses and economic climate. (d) As part of its long -range planning activities, every urban water supplier should make every effort to ensure the appropriate level of reliability in its water service sufficient to meet the needs of its various categories of customers during normal, dry, and multiple dry water years. (e) This part is intended to provide assistance to water agencies in carrying out their long -term resource planning responsibilities to ensure adequate water supplies to meet the needs of both existing customers and future demands for water. • 10610.4. The Legislature finds and declares that it is the policy of the state as follows: (a) The management of urban water demands and efficient use of water shall be actively pursued to protect both the people of the state and their water resources. (b) The management of urban water demands and efficient use of urban water supplies shall be a guiding criterion in public decisions. CHAPTER 2. DEFINITIONS 10611. Unless the context otherwise requires, the definitions of this chapter govern the construction of this part. 10611.5. "Demand management' means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. 10612. "Customer" means a purchaser of water from a water supplier who uses the water for municipal purposes, including residential, commercial, governmental, and industrial uses. 10613. "Efficient use" means those management measures that result in the most • effective use of water so as to prevent its waste or unreasonable use or unreasonable method of use. 10614. "Person" means any individual, firm, association, organization, partnership, business, trust, corporation, company, public agency, or any agency of such an entity. 10615. "Plan" means an urban water management plan prepared pursuant to this part. A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, and reclamation and demand management activities. The components of the plan may vary according to an individual community or area's characteristics and its capabilities to efficiently use and conserve water. The plan shall address measures for residential, commercial, governmental, and industrial water demand management as set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a strategy and time schedule for implementation shall be included in the plan. 10616. "Public agency" means any board, commission, county, city and county, city, regional agency, district, or other public entity. 10616.5. "Recycled water" means the reclamation and reuse of wastewater for beneficial use. 10617. "Urban water supplier" means a supplier, publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers E • or supplying more than 3,000 acre -feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 7 (commencing with Section 4010) of Part 1 of Division 5 of the Health and Safety Code. CHAPTER 3. URBAN WATER MANAGEMENT PLANS Article 1. General Provisions 10620. (a) Every urban water supplier shall prepare and adopt an urban water management plan in the manner set forth in Article 3 (commencing with Section 10640). (b) Every person that becomes an urban water supplier after December 31, 1984, shall adopt an urban water management plan within one year after it has become an urban water supplier. (c) An urban water supplier indirectly providing water shall not include planning elements in its water management plan as provided in Article 2 (commencing with Section 10630) that would be applicable to urban water suppliers or public agencies directly providing water, or to their customers, without the consent of those suppliers or public agencies. • (d) (1) An urban water supplier may satisfy the requirements of this part by participation in areawide, regional, watershed, or basinwide urban water management planning where those plans will reduce preparation costs and contribute to the achievement of conservation and efficient water use. (2) Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable. (e) The urban water supplier may prepare the plan with its own staff, by contract, or in cooperation with other governmental agencies. 10621. (a) Each urban water supplier shall update its plan at least once every five years on or before December 31, in years ending in five and zero. (b) The amendments to, or changes in, the plan shall be adopted and filed in the manner set forth in Article 3 (commencing with Section 10640). 0 Article 2. Contents of Plans 10630. It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied. 10631. A plan shall be adopted in accordance with this chapter and shall do all of the following: (a) Describe the service area of the supplier, including current and projected population, climate, and other demographic factors affecting the supplier's water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five -year increments to 20 years or as far as data is available. (b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five -year increments as described in subdivision (a). (c) Describe the reliability of the water supply and vulnerability to seasonal or climatic shortage, to the extent practicable, and provide data for each of the • following: (1) An average water year. (2) A single dry water year. (3) Multiple dry water years. For any water source that may not be available at a consistent level of use, given specific legal, environmental, water quality, or climatic factors, describe plans to replace that source with alternative sources or water demand management measures, to the extent practicable. (d) Describe the opportunities for exchanges or transfers of water on a short- term or long -term basis. (e) (1) Quantify, to the extent records are available, past and current water use, over the same five -year increments described in subdivision (a), and projected water use, identifying the uses among water use sectors including, but not necessarily limited to, all of the following uses: (A) Single- family residential. (B) Multifamily. (C) Commercial. (D) Industrial. • (E) Institutional and governmental. (F) Landscape. (G) Sales to other agencies. (H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof. (1) Agricultural. (2) The water use projections shall be in the same five -year increments as described in subdivision (a). (f) Provide a description of the supplier's water demand management measures. This description shall include all of the following: (1) A description of each water demand management measure that is currently being implemented, or scheduled for implementation, including the steps necessary to implement any proposed measures, including, but not limited to, all of the following: (A) Interior and exterior water audits and incentive programs for single - family residential, multifamily residential, governmental, and institutional customers. (B) Enforcement of plumbing fixture efficiency standards and • programs to retrofit less efficient fixtures. (C) Distribution system water audits, leak detection, and repair. (D) Metering with commodity rates for all new connections and retrofit of existing connections. (E) Large landscape water audits and incentives. (F) Landscape water conservation requirements for new and existing commercial, industrial, institutional, governmental, and multifamily developments. (G) Public information. (H) School education. (1) Commercial and industrial water conservation. (J) New commercial and industrial water use review. • • (K) Conservation pricing for water service and conservation pricing for sewer service, where the urban water supplier also provides sewer service. (L) Landscape water conservation for new and existing single - family homes. (M) Water waste prohibitions. (N) Water conservation coordinator. (0) Financial incentives to encourage water conservation. (P) Ultra -low -flush toilet replacement. (2) A schedule of implementation for all water demand management measures proposed or described in the plan. (3) A description of the methods, if any, that the supplier will use to evaluate the effectiveness of water demand management measures implemented or described under the plan. (4) An estimate, if available, of existing conservation savings on water use within the supplier's service area, and the effect of such savings on • the supplier's ability to further reduce demand. (g) An evaluation of each water demand management measure listed in paragraph (1) of subdivision (f) that is not currently being implemented or scheduled for implementation. In the course of the evaluation, first consideration shall be given to water demand management measures, or combination of measures, which offer lower incremental costs than expanded or additional water supplies. This evaluation shall do all of the following: (1) Take into account economic and noneconomic factors, including environmental, social, health, customer impact, and technological factors. (2) Include a cost - benefit analysis, identifying total benefits and total costs. (3) Include a description of funding available to implement any planned water supply project that would provide water at a higher unit cost. (4) Include a description of the water supplier's legal authority to implement the measure and efforts to work with other relevant agencies to ensure the implementation of the measure and to share the cost of implementation. • (h) Urban water suppliers that are members of the California Urban Water Conservation Council and submit annual reports to the council in accordance with the "Memorandum of Understanding Regarding Urban Water Conservation in California," dated September 1991, may submit the annual reports identifying water demand management measures currently being implemented, or scheduled for implementation, to satisfy the requirements of subdivisions (f) and (g)• 10632. The plan shall provide an urban water shortage contingency analysis which includes each of the following elements which are within the authority of the urban water supplier: (a) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions which are applicable to each stage. (b) An estimate of the minimum water supply available during each of the next three water years based on the driest three -year historic sequence for the agency's water supply. (c) Actions to be undertaken by the urban water supplier to prepare for, and implement during, a catastrophic interruption of water supplies including, but not • limited to, a regional power outage, an earthquake, or other disaster. (d) Additional, mandatory prohibitions against specific water use practices during water shortages, including, but not limited to, prohibiting the use of potable water for street cleaning. (e) Consumption reduction methods in the most restrictive stages. Each urban water supplier may use any type of consumption reduction methods in its water shortage contingency analysis that would reduce water use, are appropriate for its area, and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply. (f) Penalties or charges for excessive use, where applicable. (g) An analysis of the impacts of each of the actions and conditions described in subdivisions (a) to (f), inclusive, on the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development of reserves and rate adjustments. (h) A draft water shortage contingency resolution or ordinance. (i) A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis. • • 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. To the extent practicable, the preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies and shall include all of the following: (a) A description of the wastewater collection and treatment systems in the supplier's service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal. (b) A description of the recycled water currently being used in the supplier's service area, including, but not limited to, the type, place, and quantity of use. (c) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (d) The projected use of recycled water within the supplier's service area at the end of 5, 10, 15, and 20 years. (e) A description of actions, including financial incentives, which may be taken to • encourage the use of recycled water, and the projected results of these actions in terms of acre -feet of recycled water used per year. (f) A plan for optimizing the use of recycled water in the supplier's service area, including actions to facilitate the installation of dual distribution systems and to promote recirculating uses. Article 2.5 Water Service Reliability 10635. (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the total projected water use over the next 20 years, in five -year increments, for a normal water year, a single dry water year, and multiple dry water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from the state, regional, or local agency population projections within the service area of the urban water supplier. (b) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within E • which it provides water supplies within 60 days of the submission of its urban water management plan. (c) Nothing in this article is intended to create a right or entitlement to water service or any specific level of water service. (d) Nothing in this article is intended to change existing law concerning an urban water supplier's obligation to provide water service to its existing customers or to any future, potential customers. Article 3. Adoption and Implementation of Plans 10640. Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article. 10641. An urban water supplier required to prepare a plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water demand management methods and techniques. • 10642. Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan. Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. A privately owned water supplier shall provide an equivalent notice within its service area. After the hearing, the plan shall be adopted as prepared or as modified after the hearing. 10643. An urban water supplier shall implement its plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan. 10644. (a) An urban water supplier shall file with the department a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be filed with the department within 30 days after adoption. (b) The department shall prepare and submit to the Legislature, on or before December 31, in the years ending in six and one, a report summarizing the status of the plans adopted pursuant to this part. The report prepared by the department shall identify the outstanding elements of individual plans. The department shall provide a copy of the report to each urban water supplier that E • has filed its plan with the department. The department shall also prepare reports and provide data for any legislative hearings designed to consider the effectiveness of plans submitted pursuant to this part. 10645. Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. CHAPTER 4. MISCELLANEOUS PROVISIONS 10650. Any actions or proceedings to attack, review, set aside, void, or annul the acts or decisions of an urban water supplier on the grounds of noncompliance with this part shall be commenced as follows: (a) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part. (b) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 90 days after filing of the plan or amendment thereto pursuant to Section 10644 or the taking of that action. • 10651. In any action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an urban water supplier on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence. 10652. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of plans pursuant to this part or to the implementation of actions taken pursuant to Section 10632. Nothing in this part shall be interpreted as exempting from the California Environmental Quality Act any project that would significantly affect water supplies for fish and wildlife, or any project for implementation of the plan, other than projects implementing Section 10632, or any project for expanded or additional water supplies. 10653. The adoption of a plan shall satisfy any requirements of state law, regulation, or order, including those of the State Water Resources Control Board and the Public Utilities Commission, for the preparation of water management plans or conservation plans; provided, that if the State Water Resources Control Board or the Public Utilities Commission requires additional information concerning water conservation to implement its existing authority, nothing in this part shall be deemed to limit the board or the commission in obtaining that information. The requirements of this part shall be • satisfied by any urban water demand management plan prepared to meet federal laws or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing urban water management plan which includes the contents of a plan required under this part. 10654. An urban water supplier may recover in its rates the costs incurred in preparing its plan and implementing the reasonable water conservation measures included in the plan. Any best water management practice that is included in the plan that is identified in the "Memorandum of Understanding Regarding Urban Water Conservation in California" is deemed to be reasonable for the purposes of this section. 10655. If any provision of this part or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application thereof, and to this end the provisions of this part are severable. 10656. An urban water supplier that does not prepare, adopt, and submit its urban water management plan to the department in accordance with this part, is ineligible to receive drought assistance from the state until the urban water management plan is submitted pursuant to Article 3 (commencing with Section 10640) of Chapter 3. SEC. 2. No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution or Section 2231 or • 2234 of the Revenue and Taxation Code because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. E