Loading...
HomeMy WebLinkAbout16 PROPOSED ORDINANCE NO. 1516 REVISING THE WATER MANAGEMENT PLANDocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A • Agenda Item AGENUA REPORT Reviewed: Ds City Manager Finance Director MEETING DATE: NOVEMBER 16, 2021 TO: MATTHEW S. WEST, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: PROPOSED ORDINANCE NO. 1516 REVISING THE WATER MANAGEMENT PLAN SUMMARY On March 21, 2017, the City Council adopted Ordinance 1477 amending the Water Management Plan, Article 4, Chapter 10 of the Tustin, Code of Ordinances. In 2018, the California Legislature amended the Urban Water Management Planning Act that, among other things, mandated the adoption of a Water Shortage Contingency Plan (WSCP) with prescribed elements as part of the Urban Water Management Plan (UWMP). On June 1, 2021, the City Council adopted both the 2020 UWMP and WSCP. As a result, staff has prepared Ordinance No. 1516 updating the Water Management Plan to incorporate changes outlined in the 2020 WSCP. RECOMMENDATION It is recommended that the City Council Conduct the first reading by title only of Ordinance No. 1516. FISCAL IMPACT No fiscal impacts associated with this item. CORRELATION TO THE STRATEGIC PLAN This effort contributes to the fulfillment of the City's Strategic Plan Goal D: Strong Community and Regional Relationships. Specifically, the project implements Strategy 2, which among other things, is to enhance collaboration efforts with agencies within and outside Tustin on issues of mutual interest and concern. BACKGROUND On March 21, 2017, the City Council adopted Ordinance No. 1477 amending Article 4, Chapter 10, of the Tustin, CA Code of Ordinances. Chapter 10 of Article 4 is commonly known as the City's Water Management Plan and Ordinance 1477 established a comprehensive Water Conservation Program pursuant to the California Water Code based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortages. The Water Management Plan establishes regulations to be implemented during times of declared water shortages. The current plan establishes four (4) stages of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Proposed Ordinance No. 1516 November 16, 2021 Page 2 In 2018, the California Legislature amended the Urban Water Management Planning Act that, among other things, mandated the City develop and adopt a Water Shortage Contingency Plan (WSCP) with prescribed elements as part of the Urban Water Management Plan (UWMP). These changes have been incorporated into Ordinance No. 1516. The majority of changes to the Water Management Plan come in the form of increasing water shortage levels from the existing four levels to the purposed six levels. This effort was predominantly initiated to build continuity across the State of California in times of declared water shortages. The WSCP provides the steps and water shortage response actions to be taken in times of drought or water shortage conditions. Table 1 defines the Shortage Levels and Ranges as prescribed in the WSCP and proposed ordinance. 1109111MI Shortage Level Percentage Shortage Range 1 Up to 10% 2 11 % to 20% 3 21 % to 30% 4 31 % to 40% 5 41 % to 50% 6 >50% The WSCP has prescriptive elements, such as 1. An analysis of water supply reliability; the water shortage response actions for each of the six standard water shortage levels that correspond to water shortage percentages ranging from 10% to greater than 50%; 2. An estimate of potential to close supply gap for each measure; 3. Protocols and procedures to communicate identified actions for any current or predicted water shortage conditions; 4. Procedures for an Annual Assessment; 5. Monitoring and reporting requirements to determine customer compliance; and 6. Reevaluation and improvement procedures for evaluating the WSCP. Ordinance No. 1516 incorporates the changes reflected in the 2020 WSCP approved on June 1, 2021 and codifies the City's responses related to water supply shortages, annual supply assessment, and customer communication and engagement efforts in times of drought and water shortages. Conservation has become a way -of -life for Tustin water customers as overall water use has reduced by over 26 percent since the 1999-2000 water year, this represents a reduction of 1.2 billion gallons when comparing water use between 2021 and 2000. Table 2. Water Year 1999 - 2000 Water Year 2020 - 2021 Difference 14,791 AF 10,899 AF 3,892 AF (-26%) The lowest water year during this span occurred in 2015-2016 at 9,098 AF. Water use efficiency remains a priority for the City and water customer base. Tustin water customers have been well informed and have responded accordingly. This has been accomplished through ongoing DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Proposed Ordinance No. 1516 November 16, 2021 Page 3 outreach and education, as well as, rebates and incentives offered through the City, the City's partners at the Municipal Water District of Orange County (MWDOC) and the Metropolitan Water District of Southern California (MET). A few of the key initiatives undertaken in partnership with MWDOC and MET include: • Annual Water Use Efficiency School Education Programs K-12 (over 3000 TUSD students/year) • Turf Replacement/ California Friendly Landscaping • Smart irrigation controllers / drip irrigation programs • Water loss validation practices • Acoustic leak detection services • Water system -wide leak survey • Urban Water Management Plan • Water Shortage Contingency Plan • California Drought Preparedness — OC is Water Smart In response to the current drought and the need for strong, credible, and unified messaging from water providers, the MWDOC Public Affairs team, in coordination with member agencies, prepared a media/toolkit California Drought Preparedness — OC is Water Smart. This comprehensive tool kit is full of valuable resources to help communicate clearly and effectively with customers and stakeholders amid the drought. MWDOC, as our representation to the MET Board, will continue to monitor drought conditions and messages from the State, Association of California Water Agencies (ACWA), MET, and other key influencers to ensure the Orange County voice is relevant and aligns with others. The toolkit is the first response to messaging, and MWDOC anticipates extending the effort as more information becomes available or conditions change. As a MWDOC member agency, Tustin Water Services customers continue to be eligible to apply for rebates and incentives that provide helpful tools to offset the expense of water efficient improvements to homes and businesses, which provide years of conservation. A. Stack, P.E. of Public Works/City Engineer Attachments: 1. Ordinance No. 1516 2. Redlined Edits 3. Water Shortage Contingency Plan DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A ATTACHMENT 1 Ordinance No. 1516 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A ORDINANCE NO. 1516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND AMENDING THE WATER MANAGEMENT PLAN The City Council of the City of Tustin does hereby ordain as follows: SECTION 1: Findings. The City Council finds and determines as follows: A. Article X, Section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare. B. Conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare. C. Regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, installation and use of water - saving devices, provide an effective and immediately available means of conserving water. D. The California Water Code empowers any public entity which supplies water at retail or wholesale to adopt and enforce a water conservation program to reduce the quantity of water used by those within its service area. E. It is essential that this ordinance take effect upon adoption to maintain preservation of the public health or safety due to expected ongoing and reoccurring statewide drought cycles, and based upon the facts described below. F. California, including Orange County, experienced significant dry year conditions in 2012-2017, which lead local water agencies to declare water shortage conditions that triggered drought actions. G. The City of Tustin experienced a direct impact on the reliability of available water supplies. The agency's reliability was increased through customer curtailment due to demand management measures implemented. These actions are specified in the adopted 2015 Urban Water Management Plan, Water Shortage Contingency Plan chapter, adopted Water Shortage Contingency Plan actions based on levels of drought severity, and provided the legal authority for implementation and enforcement through the Water Management Plan Ordinance. Ordinance No. 1516 Page 1 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A H. Following the end of the 2017 drought, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements. California Water Code has significant updates in specifically to Code Section 10632 that now mandate new elements to Urban Water Managements and Water Shortage Contingency Plans, including an annual drought risk assessment, State Water Shortage Levels and statewide water use prohibitions. The Municipal Water District of Orange County (MWDOC) has adopted a 2020 Urban Water Management Plan that includes water conservation as a necessary and effective component of the MWDOC's programs to provide a reliable supply of water to meet the needs of MWDOC's 28 -member agencies, including the City of Tustin. The MWDOC's Urban Water Management Plan also includes a chapter contingency analysis of actions to be taken in response to water supply shortages. This ordinance is consistent with the MWDOC's Urban Water Management Plan and Water Shortage Contingency Plan. J. The imported water supplies for Tustin and at MWDOC are subject to the Water Shortage Allocations determined by the Metropolitan Water District of Southern California. Subsequently, when triggered, MWDOC as a wholesaler of Metropolitan's supplies will be required to curtail deliveries of imported water based on MWDOC's Water Shortage Allocation Plan, which from time to time in the future is expected to be activated when in a state of shortage. K. All Urban Water Suppliers including the City of Tustin are required to prepare an Annual Water Supply and Demand Assessment and Drought Risk Assessment as part of their Urban Water Management Plan for submission to the California Department of Water Resources. Annually, by July 1 st of each year, beginning the year following the adoption of the 2020 UWMP. Tustin is required to monitor, report, communicate, and if required declare a drought level response effort, then notify the Department of Water Resources, in order to comply with the State's Water Code 10632.1 reporting requirements. L. On June 1, 2021, Tustin adopted its 2020 Water Shortage Contingency Plan to establish standards and procedures to enable implementation and enforcement of local water shortage contingency measures. These measures align with the State of California, Water Code Section 353 which specifies that "when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection." The State of California also directs the City of Tustin, Water Services to adopt a water conservation program to mitigate demands in Water Code Section 375. Ordinance No. 1516 Page 2 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A M. The Bureau of Reclamation on August 16, 2021 declared an official shortage condition due to the lowering (below 1,075 feet) level of Lake Mead. Lake Mead will operate in a Level 1 Shortage Condition in calendar year 2022 for the first time ever, demonstrating the severity of the drought and low reservoir conditions. N. On October 19, 2021 Governor Newsom proclaimed a State of Emergency declaring drought condition across the entire State of California. O. The threat of drought conditions continue to exist in Southern California so it is vital for the City, as an urban water supplier, and for its customers to take action to implement permanent water use restrictions to manage this limited and vital resource. P. In the future, Levels 1, 2, 3, 4, 5, or 6 will be declared if one or more of the following is found to exist: 1. An Executive Order and/or Declaration issued by the Governor requires conservation. 2. A general local or state-wide water supply shortage due to limited supplies. 3. Distribution or storage facilities of the Metropolitan Water District of Southern California, the Municipal Water District of Orange County, the East Orange County Water District, or the City of Tustin become inadequate. 4. A major failure of the supply, storage and distribution facilities of the Metropolitan Water District of Southern California, the Municipal Water District of Orange County, the Orange County Water District, the East Orange County Water District, or of the City of Tustin occurs. Q. The conditions prevailing in the State and in the region require that available water resources be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, excessive runoff, or unreasonable method of use, of water be prevented and that the conservation of such water be encouraged with a view to the maximum reasonable and beneficial use thereof in the interests of the people served by the City of Tustin and for the public welfare. SECTION 2. CEQA Exemption. The City Council of the City of Tustin finds that this Ordinance and actions taken pursuant to this Ordinance are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b)(4) and the California Environmental Quality Act Guidelines Section 15269(c) and as an action taken by a regulatory agency as authorized by state law and local Ordinance No. 1516 Page 3 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A ordinance to maintain, restore or enhance a natural resource (limited water supplies). The City Clerk of the City of Tustin is hereby authorized and directed to file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION 3: Chapter 10 of Article 4 of the Tustin City Code is hereby amended to read as follows: 4950. Declaration of Policy. The California Water Code permits public entities which supply water at retail to adopt and enforce a water conservation program to reduce the quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity. The City Council of the City of Tustin hereby establishes a comprehensive Water Conservation Program pursuant to the California Water Code based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortages. This Chapter establishes permanent water use restrictions and regulations to be implemented during times of declared water shortages. It establishes six levels of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies; 4951. Application. The provisions of this Article shall apply to all persons, customers, and property served by the City of Tustin water service. 4952. Authorization. The City Manager and his or her designated representatives are hereby authorized and directed to implement the provisions of this Ordinance. Each "Enforcement Officer" as that term is used in Part 6 of Chapter 1 of Article 1 of the Tustin City Code are authorized to enforce this Chapter through administrative citation proceedings. 4953. Permanent Water Use Restrictions. No customer of the City shall knowingly make, cause, use, or permit the use of water supplied by the City for residential, commercial, industrial, institutional, manufacturing, agricultural, governmental or any other purpose in a manner, or during a period of time, prohibited by this Chapter. AT NO TIME SHALL WATER BE WASTED OR USED UNREASONABLY. The following water use restrictions shall apply at all times except when reclaimed or recycled water is used. A. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four days a week. Watering may only occur on Sunday, Tuesday, Thursday, and Saturday. Ordinance No. 1516 Page 4 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to three days a week. Watering may only occur on Tuesday, Thursday and Saturday. B. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand- held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system. Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. C. Irrigation of landscapes shall not occur during and forty-eight (48) hours following measurable precipitation. "Measurable precipitation" shall mean a one-quarter (1/4) inch or more of rainfall falling within the City of Tustin within any 24-hour period. D. No Customer of the City shall water or irrigate any lawn, landscape, or other vegetated area in a manner that causes or allows water flow or runoff onto an adjoining sidewalk, driveway, street, gutter or ditch. E. Water shall not be used to wash down streets, gutters, sidewalks, driveways, parking areas, tennis courts, patios, pool decks, or other paved areas, except to alleviate immediate fire or sanitation hazards. Water shall not be used in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private or public walkways, roadways, parking lots, or structures. F. Washing of autos, trucks, mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment shall be limited to quick rinses and be done with a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle. Washing is permitted at any time on the immediate premises of a commercial car wash. Further, such washing is exempted from these regulations where health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste collection vehicles. G. Watering parks, school grounds, public facilities, and recreational fields is not permitted between the hours of 8:00 a.m. and 4:00 p.m. Ordinance No. 1516 Page 5 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A H. The operation of any ornamental fountain or similar structure is prohibited unless the fountain or structure internally recycles the water it uses. I. Restaurants shall not serve water to their customers except when specifically requested. J. Hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and shall prominently display notice of this option in each guestroom. K. All water leaks shall be repaired immediately. L. Customers that utilize turf for beneficial public use may apply for an exemption from the permanent four day watering restriction. A water management plan shall be provided that demonstrates specific actions that will be taken to manage potable water use. Irrigation schedules shall be in accordance with Section 4953A until the City has reviewed and approved the customer water management plan. Exemptions shall be revoked if customer does not comply with the approved plan. 4954. Water Conservation Levels. The following levels of restrictions shall take effect upon declaration as provided in Section 4955. A. LEVEL 1 — MANDATORY COMPLIANCE — WATER WATCH. LEVEL 1 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. The Declaration and Notice of the reduction required of City customers shall be given in accordance with Section 4955. During LEVEL 1, all permanent water use restrictions listed in Section 4953 shall remain in effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four days a week. Watering may only occur on Sunday, Tuesday, Thursday, and Saturday. Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to three days a week. Watering may only occur on Tuesday, Thursday and Saturday. Ordinance No. 1516 Page 6 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system. Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. 3. Customers that utilize turf for beneficial public use may apply for an exemption from the designated irrigation day provision of LEVEL 1. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan. B. LEVEL 2 — MANDATORY COMPLIANCE — WATER ALERT. LEVEL 2 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a mandatory consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. The Declaration and Notice of the reduction required of City customers shall be given in accordance with Section 4955. During LEVEL 2, all permanent water use restrictions listed in Section 4953 and all provisions of LEVEL 1 shall remain in effect or take effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used. 1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to three days a week. Watering may only occur on Tuesday, Thursday, and Saturday. Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to two days a week. Watering may only occur on Tuesday and Saturday. 2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, Ordinance No. 1516 Page 7 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system. Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. 3. Agriculture users and commercial nurseries as defined in the Metropolitan Water District Code are exempt from LEVEL 2 irrigation restrictions, but will be required to curtail all non-essential water use. 4. Swimming pools may only be filled when an appropriate pool cover is in place. 5. Customers that utilize turf for beneficial public use may apply for an exemption from the designated irrigation day provision of LEVEL 2. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan. 6. Exceptions: The restrictions in LEVEL 2, subsections 1 through 4 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. C. LEVEL 3 — MANDATORY COMPLIANCE — WATER WARNING. LEVEL 3 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 2 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions. Declaration and Notice of the reductions required of City customers shall be given in accordance with Section 4955. During LEVEL 3, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1 and 2 shall remain in effect or take effect in addition to, and except as amended by, the following mandatory water Ordinance No. 1516 Page 8 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used. 1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to two days a week. Watering may only occur on Tuesday and Saturday. Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to one days a week. Watering may only occur on Tuesday. 2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system. Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. 3. Washing of autos, trucks, mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time on the immediate premises of a commercial car wash. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste collection vehicles. 4. The operation of any ornamental fountain or similar structure utilizing potable water is prohibited at all times. 5. Construction water shall not be used for earthwork or road construction purposes unless authorized as a mitigation or erosion control, compaction or backfilling earthwork or as required by the Air Quality Management Plan (AQMP) Control Measure F-4. 6. Pools shall not be emptied or refilled using potable water unless required for public health and safety purposes. Pools utilizing an appropriate pool cover may be topped off to prevent damage to pump and filter equipment. Ordinance No. 1516 Page 9 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 7. Customers that utilize turf for beneficial public use may apply for an exemption from the designated irrigation day provision of LEVEL 3. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan. 8. Exceptions: The restrictions in LEVEL 3, subsections 1 through 7 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. D. LEVEL 4 — MANDATORY COMPLIANCE — WATER SHORTAGE. LEVEL 4 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 3 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During LEVEL 4, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1, 2, and 3 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used: 1. Lawn watering and landscape irrigation will be limited to one day a week. Watering may only occur on Tuesday. 2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system. Ordinance No. 1516 Page 10 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 3. Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. 4. Washing of autos, trucks mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all types of commercial car washes shall be reduced in volume by 20%. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste collection vehicles. 5. Filling, refilling or adding of water to swimming pools, spas, ponds and artificial lakes is prohibited. 6. Agricultural users and commercial nurseries shall use water only between the hours of 6:00 p.m. and 6:00 a.m. and may be subject to additional restrictions if the state, regional or local agency or jurisdiction deems necessary. The City will make a good faith effort to inform agricultural users and commercial nurseries of any such restrictions. Monetary penalties will be passed through to agricultural customers, if assessed by the State Water Resources Control Board, Metropolitan Water District of Southern California, or Municipal Water District of Orange County. 7. New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes, except to maintain the health, safety and welfare of the public or as required by the Air Quality Management Plan (AQMP) Control Measure F-4. 8. The use of water for commercial, industrial, institutional, manufacturing or processing purposes shall be essential use only. All outdoor irrigation is prohibited. 9. No water shall be used for air conditioning purposes. 10. Exceptions: The restrictions in LEVEL 4 subsections 1 through 8 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. Ordinance No. 1516 Page 11 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A E. LEVEL 5 — MANDATORY COMPLIANCE — WATER EMERGENCY LEVEL 5 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 4 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During LEVEL 5, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1, 2, 3, and 4 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used: 1. All outdoor irrigation is prohibited. 2. Washing of autos, trucks mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all types of commercial car washes shall be reduced in volume by 50%. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste vehicles and vehicles used to transport food and perishables. 3. Watering of parks, school grounds, public facilities and recreation fields is prohibited with the exception of plant materials classified to be rare, exceptionally valuable, or essential to the wellbeing of rare animals. 4. The use of water from fire hydrants shall be limited to firefighting or related activities necessary to maintain the health, safety and welfare of the public. 5. Use of water for agricultural or commercial nursery purposes, except for livestock watering, is prohibited. 6. Exceptions: The restrictions in LEVEL 5 subsections 1 through 5 above are not applicable to that use of water necessary for public Ordinance No. 1516 Page 12 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. F. LEVEL 6 — MANDATORY COMPLIANCE — EXTREME WATER EMERGENCY LEVEL 6 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 5 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During LEVEL 5, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1, 2, 3, 4, and 5 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used: Potable water is for public health and safety purposes only. Customer rationing may be implemented. 2. All irrigation is prohibited. The City may shut-off all non-essential water services. 3. The use of water for commercial, industrial, institutional, manufacturing or processing purposes shall be reduced in volume by 50% and limited to off-peak hours, whichever is greater. 4. Water for air conditioning is prohibited. 5. Exceptions: The restrictions in LEVEL 6 subsections 1 through 4 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. Ordinance No. 1516 Page 13 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 4955. Procedures for Determination of Water Supply Shortage and Level Implementation. A. The City shall monitor the projected supply and demand for water by its customers on a monthly basis. B. Under Water Code section 10632.1, The City is required to submit a water shortage assessment "report" to the California Department of Water Resources by July 1 of each year. C. The City will follow the written decision-making process defined in the Water Shortage Contingency Plan to assess water supply reliability on an annual basis. D. City Staff will determine if a water shortage exists based on the water shortage criteria and defined in the Water Shortage Contingency Plan. E. In the event a water shortage is triggered according to the procedures and conditions defined in the adopted Water Shortage Contingency Plan, the City Manager and/or City Council will declare a shortage according to the defined water shortage levels. F. The City Manager shall determine the extent of the conservation required through the implementation and/or termination of particular conservation levels in order for the City to prudently plan for the supply water to its customers and/or to comply with regulations and/or restrictions implemented by the State Water Resources Control Board, Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, or East Orange County Water District. Thereafter, the City Manager may order that the appropriate level of water conservation be implemented or terminated in accordance with the applicable provision of this Ordinance. C. The declaration of any level shall be made by public announcement and notice shall be published a minimum of once per week for three (3) consecutive weeks in a newspaper of general circulation. The level designated shall become effective immediately upon announcement. D. The declaration of any level shall be reported to the City Council at its next regular meeting. The City Council shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different level. 4956. Failure to Com A. Each day a violation of this Chapter occurs is a separate offense subject to a separate fine. Ordinance No. 1516 Page 14 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A B. Following a declaration of a levels 1, 2, 3, 4, 5, or 6 condition, administrative citations shall be issued to violators of the applicable restrictions of such level. Administrative citations shall be issued in accordance with the procedures set forth in Part 6 of Chapter 1 of Article 1 of the Tustin City Code. C. The first violation of this Chapter by any violator shall subject the violator to a fine of One -Hundred dollars ($100.00). Upon a second violation of any provision of this Chapter within one (1) year from the date of the first violation, the violator shall be subject to a fine of Two -Hundred dollars ($200.00). Upon a third and each subsequent violation of any provision of this Chapter within one (1) year from the date of the first violation, the violator shall be subject to a fine of Five Hundred dollars ($500.00). D. Upon the fifth violation of any provision of this Chapter within any two (2) year period, the City may install a flow restricting device in the customer's water service line for a period not less than 48 hours and until the customer satisfies the City that the failure to comply will not continue. In addition to demonstrating to the City's satisfaction that the failure to comply will not continue, the customer shall pay all applicable fines prior to removal of the flow restricting device. E. For the sixth and each subsequent violation of any provision of this Chapter within any two (2) year period, the City may discontinue water service for a period of not less than 24 hours and until the customer satisfies the City that the failure to comply will not continue. In addition to demonstrating to the City's satisfaction that the failure to comply will not continue, the customer shall pay all applicable fines and service charges for restoration of service prior to the restoration of water service. F. Nothing herein limits the availability of any other civil or criminal remedy, sanction, penalty, fine, or order, that is authorized, or that may hereafter be authorized, for violation of the Tustin City Code, or for violation of any Federal or State law. 4957. Regulatory Fine Recovery. To the extent that a City water customer causes or contributes to causing a regulatory agency to levy a fine against the City resulting from that customer's violations of one or more provisions of this Chapter, the customer shall, within thirty days of mailing of written demand from the City, reimburse the City for the fine, or such portion of the fine as such customer contributed to causing, and associated administrative costs, if any. 4958. Appeal Procedures. Ordinance No. 1516 Page 15 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A A. Appeals of any administrative citations or other, fine, penalty, or notice issued pursuant to this Chapter shall be made in accordance with the procedures set forth in Part 6 of Chapter 1 of Article 1 of the Tustin City Code. B. A declaration of any water conservation level may be appealed by any individual and may be appealed only to the City Council. An appeal of a declaration of water conservation level shall be filed with the City Clerk during normal business hours within ten (10) calendar days of the date of the declaration and shall be accompanied by a deposit or fee as required by City Council resolution or ordinance. Any such appeal shall be made in writing and shall specify the declaration appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the declaration should be modified or reversed. Filing of a written appeal shall not stay the effective date of a declaration. A hearing date shall be set within sixty (60) calendar days of filing of the appeal for the City Council to decide whether a sufficient basis exists for the existing declaration of the water conservation level, or if a different level should be declared. At the conclusion of the hearing, the City Council may uphold, modify or reverse the declaration, or may decide to take no further action on the appeal. A decision of the City Council on such appeal shall be final. SECTION 4. Property Maintenance Standards - Landscaping. Tustin City Code Sections 5502m(1) and 5502m(2) shall be amended to read as follows: 5502m(1). Landscaping. All landscaping shall be maintained in a condition free of dead, decayed, overgrown or discarded plant material. During the pendency of any Water Conservation Level declared pursuant to Chapter 10 of Article 4 of the City Code, it shall be acceptable to allow lawns and other live turf to go dormant, however all other dead, decayed, overgrown or discarded plant material shall be removed. All synthetic turf material shall be maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director. 5502m(2). Landscape irrigation. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. During the pendency of any Water Conservation Level declared pursuant to Chapter 10 of Article 4 of the City Code, landscape irrigation pipes and sprinkler heads shall be maintained to prevent leaks and overspray on to solid surfaces such as streets, sidewalks, driveways, or walkways. SECTION 5. Property Maintenance Standards Paved Areas. Tustin City Code Section 9267c shall be amended to read as follows: Ordinance No. 1516 Page 16 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 9267c. Paved Areas. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. During the pendency of any Water Conservation Level declared pursuant to Chapter 10 of Article 4 of the City Code, unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping that is free of weeds and overgrown plant material and/or synthetic turf maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director. 2. At all times other than during the pendency of any Water Conservation Level, unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director. SECTION 6. Effective Date. This ordinance shall take effect immediately upon adoption. SECTION 7. Publication. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation within 10 days after its adoption. Delay in publishing the ordinance or delay in publishing notice as herein required shall not delay the effective date of this Ordinance or of the declaration of conservation level. SECTION 8. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. Ordinance No. 1516 Page 17 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A PASSED AND ADOPTED at a regular meeting of the City Council for the City of Tustin on this 7th day of December, 2021. LETITIA CLARK, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1516 ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1516 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 16th day of November, 2021, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of December, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk Ordinance No. 1516 Page 18 of 18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A ATTACHMENT 2 Redlined Edits DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A ORDINANCE NO. 1516x477 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND AMENDING THE WATER MANAGEMENT PLAN The City Council of the City of Tustin does hereby ordain as follows: SECTION 1: Findings. The City Council finds and determines as follows: A. Article X, Section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare. B. Conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare. C. Regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, installation and use of water - saving devices, provide an effective and immediately available means of conserving water. D. The California Water Code empowers any public entity which supplies water at retail or wholesale to adopt and enforce a water conservation program to reduce the quantity of water used by those within its service area. E. It is essential that thisFevosed ordinance take effect upon adoption to maintain preservation of the public peaee, health or safety due to expected ongoing and reoccurring #�e—statewide drought cycles, and based upon the facts described below. F. California, including Orange County, experienced significant dry year conditions in 2012-2017, which lead local water agencies to declare water shortage conditions that triggered drought actions. G. The City of Tustin experienced a direct impact on the reliability of available water supplies. The agency's reliability was increased through customer curtailment due Ordinance No. 1477 1516 Pagel of 26 Formatted: Font: (Default) Arial. 12 of Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering Formatted: Font: Font color: Auto Formatted: Font: (Default) Arial, 12 pt Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A to demand management measures implemented. These actions are specified in the adopted 2015 Urban Water Management Plan, Water Shortage Contingency Plan chapter, adopted Water Shortage Contingency Plan actions based on levels of drought severity, and provided the legal authority for implementation and enforcement through the Water Management Plan Ordinance., Formatted: Font: (Default) Arial, 1z pt Formatted: Indent: Left: 0.5", No bullets or numbering H. Following the end of the 2017 drought, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements. California Water Code has significant updates in specifically to Code Section 10632 that now mandate new elements to Urban Water Managements and Water Shortage Contingency Plans, including an annual drouaht risk assessment. State Water Shortaae Levels and statewide water use prohibitions.. Formatted: Font: Font color: Auto Formatted: Font: (Default) Arial, 12 pt I. The Municipal Water District of Orange County (MWDOC) has adopted a 2020 Urban Water Management Plan that includes water conservation as a necessary and effective component of the MWDOC's programs to provide a reliable supply of water to meet the needs of MWDOC's 28 -member agencies, including the City of Tustin. The MWDOC's Urban Water Management Plan also includes a chapter contingency analysis of actions to be taken in response to water supply shortages. This ordinance is consistent with the MWDOC's Urban Water Management Plan Shortaae Allocations determined by the Metropolitan Water District of Southern Metropolitan's supplies will be required to curtail deliveries of imported water based K. All Urban Water Suppliers including the City of Tustin are required to prepare an Annual Water Supply and Demand Assessment and Drought Risk Assessment as part of their Urban Water Management Plan for submission to the California Department of Water Resources. Annually, by July 1st of each year, beginning the year following the adoption of the 2020 UWMP. Tustin is required to monitor, report, communicate, and if required declare a drought level response effort, then notify the Department of Water Resources, in order to comply with the State's Water Code 10632.1 rer)ortina reauirements.. Ordinance No. 1477 1516 Page 2 of 26 Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering Formatted: Font: Font color: Auto Formatted: Font: (Default) Arial, 12 pt Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering J Formatted: Font: (Default) Arial, 12 pt, Font color: Blue Formatted: Font: (Default) Arial, 12 pt, Font color: Blue Formatted: Not Highlight Formatted: Font: (Default) Arial, 12 pt, Font color: Blue Formatted: Font: (Default) Arial, 12 pt, Font color: Blue Formatted: Font: (Default) Arial, 12 pt, Font color: Blue Formatted: Font: Font color: Auto Formatted: Font: (Default) Arial, 12 pt Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering Formatted: Font color: Auto Formatted: Font: (Default) Arial, 12 pt Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A &L. On June 1, 2021, Tustin #a---adogted itsa 2020 Water Shortage Formatted: Highlight Contingency Plan to establish standards and procedures to enable implementation and enforcement of local water shortage contingency measures. These measures align with the State of California, Water Code Section 353 which specifies that "when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection." The State of California also directs the City of Tustin, Water Services to adopt a water conservation program to mitigate demands in Water Code Section 375.. Formatted: Font: (Default) Arial, 1z pt State aGk level nd . ;—;ted by ai Rd +.,. ati Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, Indent: Left: -0.25' condition due to the lowering (below 1,075 feet) level of Lake Mead. Lake Mead time ever, demonstrating the severity of the drought and low reservoir conditions. Ordinance No. 1477 1516 Page 3 of 26 Formatted: Normal Formatted: Font: (Default) Arial, 12 pt Formatted: Left, Indent: Left: 0.5, Space After: 10 pt, No bullets or numbering Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0.5, No bullets or numbering DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A N. On October 19, 2021 Governor Newsom proclaimed a State of Emergency declaring drought condition across the entire State of California.. Formatted: Highlight 44-0. The threat of drought conditions continue to exist in Southern California so it is vital for the City, as an urban water supplier, and for its customers to take action to implement permanent water use restrictions to manage this limited and vital resource. L --P. In the future, ST�oLevels 1, 2, 3, 4, 5, or 64 will be declared if one or more of the following is found to exist: 1. An Executive Order and/or Declaration issued by the Governor requires conservation. 2. A general local or state-wide water supply shortage due to limited supplies. 3. Distribution or storage facilities of the Metropolitan Water District of Southern California, the Municipal Water District of Orange County, the East Orange County Water District, or the City of Tustin become inadequate. 4. A major failure of the supply, storage and distribution facilities of the Metropolitan Water District of Southern California, the Municipal Water District of Orange County, the Orange County Water District, the East Orange County Water District, or of the City of Tustin occurs. 9-0. The conditions prevailing in the State and in the region require that available water resources be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, excessive runoff, or unreasonable method of use, of water be prevented and that the conservation of such water be encouraged with a view to the maximum reasonable and beneficial use thereof in the interests of the people served by the City of Tustin and for the public welfare. SECTION 2. CEQA Exemption. The City Council of the City of Tustin finds that this Ordinance and actions taken pursuant to this Ordinance are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b)(4) and the California Environmental Quality Act Guidelines Section 15269(c) and as Ordinance No. 4477 1516 Page 4 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A an action taken by a regulatory agency as authorized by state law and local ordinance to maintain, restore or enhance a natural resource (limited water supplies). The City Clerk of the City of Tustin is hereby authorized and directed to file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION 3: Chapter 10 of Article 4 of the Tustin City Code is hereby amended to read as follows: 4950. Declaration of Policy. The California Water Code permits public entities which supply water at retail to adopt and enforce a water conservation program to reduce the quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity. The City Council of the City of Tustin hereby establishes a comprehensive Water Conservation Program pursuant to the California Water Code based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortages. This Chapter establishes permanent water use restrictions and regulations to be implemented during times of declared water shortages. It establishes six levelsfeup stages of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies; 4951. Application. The provisions of this Article shall apply to all persons, customers, and property served by the City of Tustin water service. 4952. Authorization. The City Manager and his or her designated representatives are hereby authorized and directed to implement the provisions of this Ordinance. Each "Enforcement Officer" as that term is used in Part 6 of Chapter 1 of Article 1 of the Tustin City Code are authorized to enforce this Chapter through administrative citation proceedings. 4953. Permanent Water Use Restrictions. No customer of the City shall knowingly make, cause, use, or permit the use of water supplied by the City for residential, commercial, industrial, institutional, manufacturing, agricultural, governmental or any other purpose in a manner, or during a period of time, prohibited by this Chapter. AT NO TIME SHALL WATER BE WASTED OR USED UNREASONABLY. The following water use Ordinance No. 4477 1516 Page 5 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A restrictions shall apply at all times except when reclaimed or recycled water is used. A_Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four days a week. Watering may only occur on Sunday, Tuesday, Thursday, and Saturday. lawn watering and landscape irrigation will be further limited to three days a week. Watering may only occur on Tuesday. Thursday and Saturday. B. Waterina or irriaatina of lawn. IandscaDe or other veaetated area with Formatted: Indent: Left: 1.31", No bullets or numbering, Tab stops: Not at 0.5" Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Indent: Left: 1.31", No bullets or numbering potable water is prohibited between the hours pepmotted h^fie,^^n the h.Aurc of 89:00 a.m. and 44:00 p.m.Pas+#is c+^ +^r+ Tim^ except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adlusting, maintaining, or repairing an irrigation S Sy tem.. Formatted: Font: (Default) Arial, 12 pt A - ,Any high efficiency sprinkler nozzle that qualifies for a rebate fro Formatted: Font: (Default) Arial, 12 pt the Metropolitan Water District of Southern California and drip irrigation Formatted: Indent: Left: 1.31", No bullets or numbering or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. WateFiRg may 9-C. Irrigation of landscapes shall not occur during and forty eight (48) hours following measureable precipitation. "Measurable precipitation" shall mean a one-quarter (1/4) inch or more of rainfall falling within the City of Tustin within any 24-hour period. �'­D_No Customer of the City shall water or irrigate any lawn, landscape, or other vegetated area in a manner that causes or allows water flow or runoff onto an adjoining sidewalk, driveway, street, gutter or ditch. Ordinance No. 4477 1516 Page 6 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 9-E. Water shall not be used to wash down streets, gutters, sidewalks, driveways, parking areas, tennis courts, patios, pool decks, or other paved areas, except to alleviate immediate fire or sanitation hazards. Water shall not be used in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private or public walkways, roadways, parking lots, or structures. F_Washing of autos, trucks, mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment shall be limited to quick rinses and be done with a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle. Washing is permitted at any time on the immediate premises of a commercial car wash. Further, such washing is exempted from these regulations where health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as garbagesolid waste collection vehicles. trudks and „ohlnles used to tra RS199Ft food and perishables. -P-G. Watering parks, school grounds, public facilities, and recreationa fields is not permitted between the hours of 84:00 a.m. and 44:00 p.m. G-H.The operation of any ornamental fountain or similar structure is prohibited unless the fountain or structure internally recycles the water it uses. �4-I_Restaurants shall not serve water to their customers except when specifically requested. W. Hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and shall prominently display notice of this option in each guestroom. JLK_All water leaks shall be repaired immediately. K-L.Customers that utilize turf for beneficial public use may apply for an exemption from the permanent four day watering restriction. A water management plan shall be provided that demonstrates specific actions that will be taken to manage potable water use. Irrigation schedules shall be in accordance with Section 4953A until the City has reviewed Ordinance No. 4477 1516 Page 7 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A and approved the customer water management plan. Exemptions shall be revoked if customer does not comply with the approved plan. 4954. Water Conservation sLevels. The following-&evels of restrictions shall take effect upon declaration as provided in Section 4955. A. LEVELCTvTAvF-- 1 — MANDATORY COMPLIANCE — WATER WATCH. X4GELEVEL 1 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. The Declaration and Notice of the reduction required of City customers shall be given in accordance with Section 4955. During ST4G€LEVEL 1, all permanent water use restrictions listed in Section 4953 shall remain in effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used. 1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four days a week. Watering may only occur on Sunday, Tuesday, Thursday, and Saturday. Between November 1 and March 31, lawn watering and landscape Formatted: Font: (Default) Arial, iz Pt irrigation will be further limited to three days a week. Watering may only occur on Tuesday, Thursday and Saturday. 2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adlusting, maintaining, or repairing an irrigation system. Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited Ordinance No. 4477 1516 Page 8 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. Formatted: Indent: Left: 1.56", No bullets or numbering Formatted: Font: (Default) Arial. 12 Dt Formatted: Normal. Indent: Left: 0.25" Formatted: Left, Space After: 10 pt Formatted: Left, Indent: Left: 0", Space After: 10 pt Formatted: Normal, Left, Indent: Left: 0" 2-3. Customers that utilize turf for beneficial public use may apply for an exemption from the designated irrigation day provision of StageLEVEL 1. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan. B. STAGE -LEVEL 2 — MANDATORY COMPLIANCE — WATER ALERT. STAG€LEVEL 2 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a mandatory consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. The Declaration and Notice of the reduction required of City customers shall be given in accordance with Section 4955. During STAG€LEVEL 2, all permanent water use restrictions listed in Section 4953 and all provisions of STAG€LEVEL 1 shall remain in effect or take effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used. Ordinance No. 14771516 Page 9 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to three days a week. Watering may only occur on Tuesday. Thursday, and Saturday. only occur on Tuesday and Saturday. 2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adlusting, maintaining, or repairing an irrigation system. Formatted: Font: (Default) Arial, 12 pt Formatted: Indent: Left: 1.56" Formatted: Font: (Default) Arial, 12 pt Any high efficiency sprinkler nozzle that qualifies for a rebate fro Formatted: Indent: Left: 1.56", No bullets or numbering the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. riculture users and commercial nurseries as defined in the -,_—j Formatted: Font: (Default) Arial, 12 Metropolitan Water District Code are exempt from STAG €LEVEL 2 irrigation restrictions, but will be required to curtail all non-essential water use. Ordinance No. 14771516 Page 10 of 26 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.31" + Indent at: 1.56" Formatted: Font: (Default) Arial, 12 pt DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 2-4. S wimming pools may only be Formatted: Indent: Left: 1.38", Numbered + Level -.—1 + filled when an appropriate pool cover is in place. m intenAnee i� Numbering Style: + z, 3, ... + Start at: 1 +Alignment: Left + Aligned at: 1.31" Indent at: 1.56" ..hihited RGGIG JhiliZiFlei a ate a he tapped eff to pFeVent damage pump Rd filter eql6lipMeRt. 3-5. Customers that utilize turf for beneficial public use may apply Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + for an exemption from the designated irrigation day provision of Aligned at: 1.31" +Indent at: 1.56" StageLEVEL 2. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan. 4-6. Exceptions: The restrictions in€LEVEL 2, subsections Fo7gmneerantg:d : Indent: Left: 1.38", Numbered + Level: 1 + 1 through 4a above are not applicable to that use of water NStyle: 1, z, 3, ... + Start at: 1 +Alignment: Left + 9 pp Al1.31" + Indent at: 1.56" necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. C. STAG€LEVEL 3 — MANDATORY COMPLIANCE — WATER WARNING. STAG€LEVEL 3 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through STAG€LEVEL 2 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions. Declaration and Notice of the reductions required of City customers shall be given in accordance with Section 4955. During 2T4G€LEVEL 3, all permanent water use restrictions listed in Section 4953 and all provisions of 2TA��eLEVELS 1 and 2 shall remain in effect or take effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used. Ordinance No. 4477 1516 Page 11 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to two days a week. Watering may only occur on Tuesday and Saturday. Formatted: Font: (Default) Arial, 12 pt Formatted: Indent: Left: 1.56" Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt 2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adlusting, maintaining, or repairing an irrigation system. Any high efficiency sprinkler nozzle that qualifies for a rebate fro Formatted: Indent: Left: 1.56", No bullets or numbering the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. Ordinance No. 14771516 Page 12 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A of autos, trucks, mobile homes, buses, trailers Formatted: Font: (Default) Arial. 12 Dt airplanes and other types of mobile equipment is prohibited. Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Washing is permitted at any time on the immediate premises of a Aligned at: 1.31"+Indent at: 1.56" commercial car wash. The ^f water "„ all types ^f Aern nerAial o"oo RGt WGiRgfl ai4mally F ^i^imed G ^io4 afor shad _ Formatted: Font: (Default) Arial, 12 pt hp red.-Gpd MR unh-me AR(Ate. Further, such washings are Formatted: Font: (Default) Arial, 12 pt exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as gafbagesolid waste collection vehiclesAFUleks and V^" ^'^c Formatted: Font: (Default) Arial, 12 pt 4. The operation of any ornamental fountain or similar structure is utilizing potable water is prohibited at all times, +o pd Commented [Al]: So you want to delete this completely? Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, Indent: Left: 0" Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.31" + Indent at: 1.56" 5. Construction water shall not be used for earthwork or road Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +Alignment: Left + construction purposes unless authorized as a mitigation or erosion Aligned at: 1.31"+Indent at: 1.56" control, compaction or backfilling earthwork or as required by the Air Quality Management Plan (AQMP) Control Measure F-4. required for public health and safety purpose�Pi"i^^ Of ^r^G' Ordinance No. 14771516 Page 13 of 26 Formatted: Indent: Left: 1.31", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Alioned at: 1.31" + Indent at: 1.56" Formatted: Indent: Left: 1.31", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.31" + Indent DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A peals is pFA 'h 'Pools utilizing an appropriate pool cover may be topped off to prevent damage to pump and filter equipment. 9-7. Customers that utilize turf for beneficial public use may apply for an Formatted: Indent: Left: 1.31",Hanging: 0.31",Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + exemption from the designated irrigation day provision of Alignment: Left + Aligned at: 1.31° + Indent at: 1.56" StageLEVEL 3. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan. 9-8. Exceptions: The restrictions In S;T4G€LEVEL 3, subsections 1 Formatted: Indent: Left: 1.31", Hanging: 0.31", Numbered + through 7 above are not applicable to that use of water necessary AliLevel: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + gnment: Left + Aligned at: 1.31° + Indent at: 1.56° for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. D. STAGE -LEVEL 4 — MANDATORY COMPLIANCE — WATER SHORTAGES"" �. X4GELEVEL 4 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through 2T4G€LEVEL 3 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During STAG€LEVEL 4, all permanent water use restrictions listed in Section 4953 and all provisions of STAGESLEVELS 1, 2, and 3 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used: Ordinance No. 4477 1516 Page 14 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Formatted: Font: (Default) Arial. 12 Dt potable water is n eh0bote l ho+uioon the hni irc of. S2 -0 -0 on.+ n 1 ., .,, Formatted: Justified, Space After: 0 pt, Numbered + Level: Pt h" i of orhonr! hold hi into+ gr milor pgn+Donor honrl hoLa hgoo 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: GXGe Left + Aligned at: 0.88' + Indent at: 1.13" orl with o ci+ivo Golf plgcing uio+or ch -wt nff nn;Z;Zlo Ar rlovipo r fnr FnaoRtamRORGI,FepaRR(j g+ipn SYSteFR- 2. Ry hie 'Pr pIp +h+ phigtp fm +h. Formatted: Indent: Left: 0.88", etrgngn+on Water Do-.4rip+ gf QA --thorn C;;Im grnio onrl drop i o+inn g milor WA tQr offipion+ Wo+oring cis+om droll ho nmi+orl to o of G M012161teg pep oppogatOGR c+o+inn All p+hor o+inn 10mi+9.1 +n gfGM012161teg pep rstat nmi+orl +g grip day o week and is Permitted gnhi between the 4G irc a AR:flfl rid 86:00 o A nv high effipionpv c nLlor n zle +ho+ g olifioo f oho+o frgm +ho �Ao+rg ngli+on Wg ter Dortrin+ of Cnii+horn Qa4fnrnio onrl o+ign n miler wA ter effipion+ ;ego+o ring c io+om droll ho limiter) +tA o MAXOPAIWA of 15 m ' i+o +inn +inner r+h+h +inn s --p er,�rrsta er,m,�s 1M.M.4ppl. to „ Af 5ee% S�+iAnr- �Acvitefii Y TTyf plY GGGHF n T4ppr a week. Watering may only occur on Tuesday. with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut- off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system. Formatted: List Paraqraph, Left, Indent: Left: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.31" + Indent at: 1.56" Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, Indent: Left: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.31" + Indent at: 1.56" 3. Any high efficiency sprinkler nozzle that qualifies for a rebate fromFormatted: Font: (Default) Arial, 12 pt the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of 15 minutes per irrigation station. All other irrigation is limited to a maximum of 5 minutes per irrigation station. Formatted: Font: (Default) Arial. 12 Dt Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering J Formatted: Normal, No bullets or numbering Ordinance No. 14771516 Page 15 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 4_Washing of autos, trucks mobile homes, buses, trailers, boats, [F -matted: Indent: Left: 1.38°, Numbered + Level: 1 + beringStyle12, 3, ... + Start at: 1 +Alignment: Left + airplanes and other types of mobile equipment is prohibited. ned at: 1.31"+Indent at: 1.56 Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all types of commercial car washes shall be reduced in volume by 240%. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as gaFbagesolid waste collection vehicles.461e1Es 4-5. Filling, refilling or adding of water to swimming pools, spas, ponds and artificial lakes is prohibited. only between the hours of 6:00 p.m. and 6:00 a.m. and may be subject to additional restrictions if the state, regional or local agency or jurisdiction deems necessary. The City will make a good faith effort to inform agricultural users and commercial nurseries of any such restrictions. Monetary penalties will be passed through to agricultural customers, if assessed by the State Water Resources Control Board, Metropolitan Water District of Southern California, or Municipal Water District of Orange County. Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, Indent: Left: 0.25' Formatted: Normal. Left. Indent: Left: 0" Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aliqned at: 1.31" + Indent at: 1.56" Formatted: Left, Indent: Left: 0.5, Space After: 10 pt, No bullets or numbering Formatted: Font: (Default) Arial, 12 pt Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aliqned at: 1.31" + Indent at: 1.56" ,The use ef I.e... We hydFaRtS shall 111111-99 -- fiFefightiRg 9F Felated Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, Indent: Left: -0.25' Formatted: Normal, Left, No bullets or numbering The Af w;;tpr +.,rAAPA�i + +ri�i �i maR6ifaGt6lr0Rq, Formatted: Left, Indent: Left: 0.5, Space After: 10 pt, No bullets or numbering :I 13LIF13E)SeS shall hp use GRIY. All GHtdGGF {j} Formatted: Font: (Default) Arial, 12 pt Formatted: Indent: Left: 1.38", Numbered + Level: 1 + nrnhihi+o.+ ,,os o"o., �eihon ro..�r..,,i�+o.+ .,r ro..��..io.+ �.�a+or i� �+ iii +i.Numbering Style: 1, 2, 3, ... + Start at: 1 +Alignment: Left+ Aligned at: 1.31" + Indent at: 1.56" Formatted: Font: (Default) Arial, 12 pt Commented [A2]: This is already outlawed in Level 3. Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, No bullets or numbering Ordinance No. 14771516 Page 16 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Formatted: Normal, Indent: Left: 0" 8-7. New construction meters or permits for unmetered service will Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + not be issued. Construction water shall not be used for earth work Aligned at: 1.31" + Indent at: 1.56" or road construction purposes, except to maintain the health, safety and welfare of the public or as required by the Air Quality Management Plan (AQMP) Control Measure F-4. 9-8. The use of water for commercial, industrial, institutional, Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + manufacturing or processing purposes shall be essential use only. Aligned at: 1.31" + Indent at: 1.56" All outdoor irrigation is prohibited. ° and limiter- b. eff peak hours whinhever is greater. 4-9-9. No water shall be used for air conditioning purposes. Formatted: Indent: Left: 1.38", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +Alignment: Left + Aligned at: 1.31" + Indent at: 1.56" 10. Exceptions: The restrictions In STAG€LEVEL 4 subsections 1 FF matted: Indent: Left: 1.38", Numbered + Level: 1 + through 88 above are not applicable to that use of water necessary bering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + ned at: 1.31" + Indent at: 1.56" for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. E. LEVEL 5— MANDATORY COMPLIANCE —WATER EMERGENCY due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Prosect, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange Countv Water District or Citv facilities. Notice of the reduction reauired of Citv Formatted: Font: (Default) Arial, 12 pt Formatted: Left, Indent: Left: 0.5", Space After: 10 pt, No bullets or numbering Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt customers shall be promptly given in accordance with Section 4955. During 4T4k4�€LEVE 54 all permanent water use restrictions listed in Section 4953 Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Ordinance No. 4477 1516 Page 17 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used: airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all tvr)es of commercial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial. 12 Dt Formatted: Font: (Default) Arial, 12 pt Formatted: Left, Space After: 10 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Arial, 12 pt car washes shall be reduced in volume by 50%. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste vehicle§Sarbaqe tFLIGks and vehicles Formatted: Font: (Default) Arial, 12 pt used to transport food and perishables. 2. Commented [A3]: Need to correct numbering sequence. This "2" pertains to the paragraph above. Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, Indent: Left: 0.25" Formatted: Normal, Left, No bullets or numbering 3. Watering of parks, school grounds, public facilities and recreation Formatted: Font: (Default) Arial, 12 pt fields is prohibited with the exception of plant materials classified to be rare, exceptionally valuable, or essential to the wellbeing of rare animals. Formatted: Font: (Default) Arial, 12 pt 4. The use of water from fire hydrants shall be limited to firefighting or Formatted: Normal, No bullets or numbering related activities necessary to maintain the health, safety and welfare of the public. Formatted: Font: (Default) Arial, 12 pt 5. Use of water for agricultural or commercial nursery purposes, Formatted: Normal, No bullets or numbering except for livestock watering, is prohibited. Formatted: Font: (Default) Arial, 12 pt Nipw p str--.. mAn nclp+„rs .. .,,�+� fGF „+„r„.+ s .,ill nAt Formatted: Normal, No bullets or numbering beiss1Ued. +r. +r.r Shiall RA -t be 'USP -81 f..r -,r+L . k . i+nd wp if +h., hli.. h.� +h., Rill-� pgbime G" as FeewmF Ma geMeR+ DlaR (AQN4D) (`nn+rnl NAeasu.-e P 4 - Ordinance No. 14771516 Page 18 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A The use of VFate. fer E91�,eFC�2�FRduS�FIcr�IRS�ftzmv csr Formatted: Font: (Default) Arial, 12 pt -f"r.+,ori.,.. .. sh„II hp FPC1,,PPC1 i Al, -PAP N^ w ^+or oh;;" ho ort f^r ;;Or .,.+0+0.,.,0.,..., Formatted: Normal, No bullets or numbering Exceptions: The restrictions in �;� LEVE 54 subsections 1F Formatted: Font: (Default) Arial, 12 pt through 5,9 above are not applicable to that use of water necessar Formatted: Font: (Default) Arial, 12 pt for public health and safety or for essential governmental services Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + such as police, fire and other similar emergency services, or when Indent at: 1.63" the use is necessary to comply with a term or condition in a permit Formatted: Font: (Default) Arial, 12 pt issued by a City, state or federal agency. Formatted: Indent: Left: 0.75", No bullets or numbering F. STAG€LEVEL-L� 6 — MANDATORY COMPLIANCE — EXTREME CQQCNTIAI I Icy WATER EMERGENCY '-'-�LEVEL 6 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through STAGELEVEL 5 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During �€LEVEL 5, all permanent water use restrictions listed in Section 4953 and all provisions of eTA�EeLEVELS 1, 2, 3, 4, and 5 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used: Formatted: Font: (Default) Arial, 12 pt 1. Potable water is for public health and safety purposes only. Formatted: Normal, Indent: Left: 0" Customer rationing may be implemented. Formatted: Indent: Left: 1.63", No bullets or numbering 2. All irrigation is prohibited. The City may shut-off all non-essential water services. Formatted: Font: (Default) Arial, 12 pt 3. The use of water for commercial, industrial, institutional, Formatted: Normal, No bullets or numbering manufacturing or processing purposes shall be reduced in volume by 50% and limited to off-peak hours, whichever is greater. Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, No bullets or numbering Ordinance No. 14771516 Page 19 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A 4. Water for air conditioning is prohibited. Formatted: Indent: Left: 1.63", No bullets or numbering 5. Exceptions: The restrictions in STAGELEVEL 6 subsections 1 through 4 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency. 4955. Procedures for Determination of Water Supply Shortage andMaPAatG4W SsnservatiAn PhgS2Level Implementation. A_�The City shall monitor the projected supply and demand for water by Formatted: Numbered + Level: 1 + Numbering Style: A, 3, its customers on a month) ��1''IIII``'' basis. c, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + �� 7 Indent at: 1.25" B. Under Water Code section 10632.1, The City is required to submit a water shortage assessment "report" to the California Department of Water Resources by July 1 of each year. C. The City efv -T+ti rt will follow the written decision-making process defined in the Water Shortage Contingency Plan S to assess water supply reliability on an annual basis. D. City efvrr� Staff will determine if a water shortage exists based on the water shortage criteria and defined in the Water Shortage Contingency PIanWS; R. E. In the event a water shortage is triggered according to the procedures and conditions defined in the adopted Water Shortage Contingencv Plan SR, the City Manager and/or City Council will declare a shortage according to the defined water shortage levels. Formatted: Indent: First line: 0" -9F. The City Manager shall determine the extent of the conservation required through the implementation and/or termination of particular conservation stage-sLevels in order for the City to prudently plan for the supply water to its customers and/or to comply with regulations and/or restrictions implemented by the State Water Resources Control Board, Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, or East Orange County Water District. Thereafter, the City Manager may order that the Ordinance No. 4477 1516 Page 20 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A appropriate stagelevel of water conservation be implemented or terminated in accordance with the applicable provision of this Ordinance. C. The declaration of any STAG€level shall be made by public announcement and notice shall be published a minimum of once per week for three (3) consecutive weeks in a newspaper of general circulation. The etagelevel designated shall become effective immediately upon announcement. D. The declaration of any STAG€level shall be reported to the City Council at its next regular meeting. The City Council shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different 4a evel. 4956. Failure to Comply. A. Each day a violation of this Chapter occurs is a separate offense subject to a separate fine. B. Following a declaration of a STAG€levels 1, ST" e-2, STAGElevel 3, 4, 5, or STAG€6 4 condition, administrative citations shall be issued to violators of the applicable restrictions of such STAG€level. Administrative citations shall be issued in accordance with the procedures set forth in Part 6 of Chapter 1 of Article 1 of the Tustin City Code. C. The first violation of this Chapter by any violator shall subject the violator to a fine of One -Hundred dollars ($100.00). Upon a second violation of any provision of this Chapter within one (1) year from the date of the first violation, the violator shall be subject to a fine of Two -Hundred dollars ($200.00). Upon a third and each subsequent violation of any provision of this Chapter within one (1) year from the date of the first violation, the violator shall be subject to a fine of Five Hundred dollars ($500.00). D. Upon the fifth violation of any provision of this Chapter within any two (2) year period, the City may install a flow restricting device in the customer's water service line for a period not less than 48 hours and until the customer satisfies the City that the failure to comply will not continue. In addition to demonstrating to the City's satisfaction that the Ordinance No. 4477 1516 Page 21 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A failure to comply will not continue, the customer shall pay all applicable fines prior to removal of the flow restricting device. E. For the sixth and each subsequent violation of any provision of this Chapter within any two (2) year period, the City may discontinue water service for a period of not less than 24 hours and until the customer satisfies the City that the failure to comply will not continue. In addition to demonstrating to the City's satisfaction that the failure to comply will not continue, the customer shall pay all applicable fines and service charges for restoration of service prior to the restoration of water service. F. Nothing herein limits the availability of any other civil or criminal remedy, sanction, penalty, fine, or order, that is authorized, or that may hereafter be authorized, for violation of the Tustin City Code, or for violation of any Federal or State law. 4957. Regulatory Fine Recovery. To the extent that a City water customer causes or contributes to causing a regulatory agency to levy a fine against the City resulting from that customer's violations of one or more provisions of this Chapter, the customer shall, within thirty days of mailing of written demand from the City, reimburse the City for the fine, or such portion of the fine as such customer contributed to causing, and associated administrative costs, if any. 4958. Appeal Procedures. A. Appeals of any administrative citations or other, fine, penalty, or notice issued pursuant to this Chapter shall be made in accordance with the procedures set forth in Part 6 of Chapter 1 of Article 1 of the Tustin City Code. B. A declaration of any water conservation STAGElevel may be appealed by any individual and may be appealed only to the City Council. An appeal of a declaration of water conservation STAG€level shall be filed with the City Clerk during normal business hours within ten (10) calendar days of the date of the declaration and shall be accompanied by a deposit or fee as required by City Council resolution or ordinance. Any such appeal shall be made in writing and shall specify the declaration appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the declaration should be modified or reversed. Ordinance No. 4477 1516 Page 22 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Filing of a written appeal shall not stay the effective date of a declaration. A hearing date shall be set within sixty (60) calendar days of filing of the appeal for the City Council to decide whether a sufficient basis exists for the existing declaration of the water conservation ST4G€level, or if a different 2TAG€level should be declared. At the conclusion of the hearing, the City Council may uphold, modify or reverse the declaration, or may decide to take no further action on the appeal. A decision of the City Council on such appeal shall be final. SECTION 4. Property Maintenance Standards - Landscaping. Tustin City Code Sections 5502m(1) and 5502m(2) shall be amended to read as follows: 5502m(1). Landscaping. All landscaping shall be maintained in a condition free of dead, decayed, overgrown or discarded plant material. During the pendency of any Water Conservation StageLevel declared pursuant to Chapter 10 of Article 4 of the City Code, it shall be acceptable to allow lawns and other live turf to go dormant, however all other dead, decayed, overgrown or discarded plant material shall be removed. All synthetic turf material shall be maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director. 5502m(2). Landscape irrigation. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. During the pendency of any Water Conservation StagaLevel declared pursuant to Chapter 10 of Article 4 of the City Code, landscape irrigation pipes and sprinkler heads shall be maintained to prevent leaks and overspray on to solid surfaces such as streets, sidewalks, driveways, or walkways. SECTION 5. Property Maintenance Standards Paved Areas. Tustin City Code Section 9267c shall be amended to read as follows: 9267c. Paved Areas. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. 1. During the pendency of any Water Conservation StageLevel declared pursuant to Chapter 10 of Article 4 of the City Code, Ordinance No. 4477 1516 Page 23 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping that is free of weeds and overgrown plant material and/or synthetic turf maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director. 2. At all times other than during the pendency of any Water Conservation StageLevel, unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director. SECTION 6. Effective Date. This ordinance shall take effect immediately upon adoption. SECTION 7. Publication. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation within 10 days after its adoption. Delay in publishing the ordinance or delay in publishing notice as herein required shall not delay the effective date of this Ordinance or of the declaration of conservation STAG€level{ €V€L. SECTION 8. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. Ordinance No. 4477 1516 Page 24 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A PASSED AND ADOPTED at a regular meeting of the by the City Council for thee# City of Tustin on this Th day of December, 2021.at-ne c ee#+r geld st Formatted: Superscript LETITIA CLARK -DR. All Mayor ATTEST: ERICA N. YASUDA€, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney Ordinance No. 14771516 Page 25 of 26 Formatted: Indent: First line: 0" DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A STATE OF CALIFORNIA – Formatted: Font: (Default) Arial, 12 pt COUNTY OF ORANGE —) ss Formatted: Normal, Indent: Left: 0", First line: 0" CITY OF TUSTIN ) Formatted: Font: (Default) Arial, 12 pt CERTIFICATION FOR ORDINANCE NO. 15161477 Formatted: Normal, Indent: Left: 0", First line: 0" ERICA N. €YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 15167 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 16th day of November, 2021, and was given its second Formatted: Superscript reading, passed and adopted at a regular meeting of the City Council held on the 7th day Formatted: Superscript of December, 2021 passed and adepted at a FegulaF M etiR , of the T616ti , Gity GA''Apil holy!T+he 21s4 cloy of MaFGh 2Q! 7 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. €YASUDA, City Clerk Ordinance No. 1477 1516 Page 26 of 26 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A ATTACHMENT 3 Water Shortage Contingency Plan ARGaDIS IC.oni-7 ti gency, Plan Tt All, 7 7 ....... . . . . . . . Pit 7W, kk'94 10 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 2020 Water Shortage Contingency Plan June 2021 Prepared By: Arcadis U.S., Inc. 320 Commerce, Suite 200 Irvine California 92602 Phone: 714 730 9052 https://ww vv.ai �Qui�.�om Maddaus Water Management, Inc. Danville, California 94526 Sacramento, California 95816 www.maddauswater.com Our Ref: 30055240 Lisa Maddaus, P.E. Technical Lead Sarina Sriboonlue, P.E. Project Manager Prepared For: City of Tustin 300 Centennial Way Tustin California 92780 Phone: 714 573 3350 ILLPo.IIVV vvvv.tustinca.org/ DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Contents Acronyms and Abbreviations................................................................................................................................. v 1 INTRODUCTION AND WSCP OVERVIEW...................................................................................................1-1 1.1 Water Shortage Contingency Plan Requirements and Organization..............................................1-1 1.2 Integration with Other Planning Efforts.............................................................................................1-2 2 BACKGROUND INFORMATION...................................................................................................................2-1 2.1 City Service Area.................................................................................................................................. 2-1 2.2 Relationship to Wholesalers............................................................................................................... 2-2 2.3 Relationship with Wholesaler Water Shortage Planning..................................................................2-5 2.3.1 MET Water Surplus and Drought Management Plan.................................................................... 2-5 2.3.2 MET Water Supply Allocation Plan................................................................................................. 2-6 2.3.3 MWDOC Water Supply Allocation Plan.......................................................................................... 2-8 3 WATER SHORTAGE CONTINGENCY PREPAREDNESS AND RESPONSE PLANNING ........................ 3-1 3.1 Water Supply Reliability Analysis....................................................................................................... 3-1 3.2 Annual Water Supply and Demand Assessment Procedures.......................................................... 3-1 3.2.1 Decision -Making Process................................................................................................................ 3-2 3.2.1.1 City Steps to Approve the Annual Assessment Determination ........................................... 3-2 3.2.2 Data and Methodologies.................................................................................................................. 3-3 3.2.2.1 Assessment Methodology....................................................................................................... 3-3 3.2.2.2 Locally Applicable Evaluation Criteria................................................................................... 3-4 3.2.2.3 Water Supply............................................................................................................................. 3-4 3.2.2.4 Unconstrained Customer Demand......................................................................................... 3-5 3.2.2.5 Planned Water Use for Current Year Considering Dry Subsequent Year ........................... 3-5 3.2.2.6 Infrastructure Considerations................................................................................................. 3-6 3.2.2.7 Other Factors............................................................................................................................ 3-6 3.3 Six Standard Water Shortage Levels.................................................................................................. 3-7 3.4 Shortage Response Actions................................................................................................................ 3-9 3.4.1 Demand Reduction........................................................................................................................... 3-9 3.4.2 Supply Augmentation....................................................................................................................... 3-9 3.4.3 Operational Changes......................................................................................................................3-10 3.4.4 Additional Mandatory Restrictions...............................................................................................3-10 3.4.5 Emergency Response Plan (Hazard Mitigation Plan)................................................................. 3-10 3.4.5.1 MET's WSDM and WSAP........................................................................................................ 3-10 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 3.4.5.2 Water Emergency Response Organization of Orange County Emergency Operations Plan 3-10 3.4.5.3 City of Tustin's Emergency Response Plan........................................................................ 3-12 3.4.6 Seismic Risk Assessment and Mitigation Plan........................................................................... 3-12 3.4.7 Shortage Response Action Effectiveness................................................................................... 3-13 3.5 Communication Protocols.................................................................................................................3-13 3.6 Compliance and Enforcement...........................................................................................................3-15 3.7 Legal Authorities................................................................................................................................ 3-15 3.8 Financial Consequences of WSCP................................................................................................... 3-15 3.9 Monitoring and Reporting..................................................................................................................3-16 3.10 WSCP Refinement Procedures......................................................................................................... 3-17 3.11 Special Water Feature Distinction.................................................................................................... 3-17 3.12 Plan Adoption, Submittal, and Availability...................................................................................... 3-17 4 REFERENCES ............................................................................................................................................... 4-1 Tables Table 3-1: Water Shortage Contingency Plan Levels....................................................................................... 3-7 Table 3-2: Communication Procedures............................................................................................................3-14 Table 3-3: Agency Contacts and Coordination Protocols..............................................................................3-15 Figures Figure2-1: City Service Area............................................................................................................................... 2-2 Figure 2-2: Regional Location of City and Other MWDOC Member Agencies ............................................... 2-4 Figure 2-3: Resource Stages, Anticipated Actions, and Supply Declarations ............................................... 2-6 Figure 3-1: Annual Assessment Reporting Timeline........................................................................................3-3 Figure 3-2: Water Shortage Contingency Plan Annual Assessment Framework .......................................... 3-4 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Appendices Appendix A. DWR Submittal Tables Table 8-1: Water Shortage Contingency Plan Levels Table 8-2: Demand Reduction Actions Table 8-3: Supply Augmentation and Other Actions Appendix B. Tustin Municipal Code Chapter 10 Water Management Plan Appendix C. Notice of Public Hearing Appendix D. Adopted WSCP Resolution >v DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Acronyms and Abbreviations % Percent AF Acre -Feet Annual Assessment Annual Water Supply and Demand Assessment BPP Basin Production Percentage City City of Tustin CRA Colorado River Aqueduct DDW Division of Drinking Water DRA Drought Risk Assessment DVL Diamond Valley Lake DWR California Department of Water Resources EOCWD East Orange County Water District EOC Emergency Operation Center EOP Emergency Operations Plan FY Fiscal Year GSP Groundwater Sustainability Plan HMP Hazard Mitigation Plan IAWP Interim Agricultural Water Program IRP Integrated Water Resource Plan M&I Municipal and Industrial MCL Maximum Contaminant Level MET Metropolitan Water District of Southern California Metropolitan Act Metropolitan Water District Act MWDOC Municipal Water District of Orange County NIMS National Incident Management System OCWD Orange County Water District PFAS Per- and Polyfluoroalkyl Substances PFOA Perfluorooctanoic Acid PFOS Perfluorooctane Sulfanate SEMS California Standardized Emergency Management System Supplier Urban Water Supplier SWP State Water Project SWRCB California State Water Resources Control Board UWMP Urban Water Management Plan Water Code California Water Code WEROC Water Emergency Response Organization of Orange County WSAP Water Supply Allocation Plan WSCP Water Shortage Contingency Plan WSDM Water Surplus and Drought Management Plan u DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan INTRODUCTION ANS' WSCP OVERVIEW The Water Shortage Contingency Plan (WSCP) is a strategic planning document designed to prepare for and respond to water shortages. This WSCP complies with California Water Code (Water Code) Section 10632, which requires that every urban water supplier (Supplier) shall prepare and adopt a WSCP as part of its Urban Water Management Plan (UWMP). This level of detailed planning and preparation is intended to help maintain reliable supplies and reduce the impacts of supply interruptions. The WSCP is the City of Tustin (City)'s operating manual that is used to prevent catastrophic service disruptions through proactive, rather than reactive, management. A water shortage, when water supply available is insufficient to meet the normally expected customer water use at a given point in time, may occur due to a number of reasons, such as drought, climate change, and catastrophic events. This plan provides a structured guide for the City to deal with water shortages, incorporating prescriptive information and standardized action levels, along with implementation actions in the event of a catastrophic supply interruption. This way, if and when shortage conditions arise, the City's governing body, its staff, and the public can easily identify and efficiently implement pre -determined steps to manage a water shortage. A well -structured WSCP allows real-time water supply availability assessment and structured steps designed to respond to actual conditions, to allow for efficient management of any shortage with predictability and accountability. The WSCP also describes the City's procedures for conducting an Annual Water Supply and Demand Assessment (Annual Assessment) that is required by Water Code Section 10632.1 and is to be submitted to the California Department of Water Resources (DWR) on or before July 1 of each year, or within 14 days of receiving final allocations from the State Water Project (SWP), whichever is later. The City's 2020 WSCP is included as an appendix to its 2020 UWMP which will be submitted to DWR by July 1, 2021. However, this WSCP is created separately from the City's 2020 UWMP and can be amended, as needed, without amending the UWMP. Furthermore, the Water Code does not prohibit a Supplier from taking actions not specified in its WSCP, if needed, without having to formally amend its UWMP or WSCP. Water Sh,,.rtage Contingei,,,y Plan Requirements ind Organization The WSCP provides the steps and water shortage response actions to be taken in times of water shortage conditions. The WSCP has prescriptive elements, such as an analysis of water supply reliability; the water shortage response actions for each of the six standard water shortage levels that correspond to water shortage percentages ranging from 10% to greater than 50%; an estimate of potential to close supply gap for each measure; protocols and procedures to communicate identified actions for any current or predicted water shortage conditions; procedures for an Annual Assessment; monitoring and reporting requirements to determine customer compliance; and reevaluation and improvement procedures for evaluating the WSCP. This WSCP is organized into three main sections, with Section 3 aligned with the Water Code Section 16032 requirements. Section 1 Introduction and WSCP Overview gives an overview of the WSCP fundamentals. 1-1 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Section 2 Background provides a background on the City's water service area. Section 3 Water Shortage Contingency Preparedness and Response Planning Section 3.1 Water Supply Reliability Analysis provides a summary of the water supply analysis and water reliability findings from the 2020 UWMP. Section 3.2 Annual Water Supply and Demand Assessment Procedures provides a description of procedures to conduct and approve the Annual Assessment. Section 3.3 Six Standard Water Shortage Stages explains the WSCP's six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, 50, and more than 50% shortages. Section 3.4 Shortage Response Actions describes the WSCP's shortage response actions that align with the defined shortage levels. Section 3.5 Communication Protocols addresses communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding any current or predicted shortages and any resulting shortage response actions. Section 3.6 Compliance and Enforcement describes customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions. Section 3.7 Legal Authorities is a description of the legal authorities that enable the City to implement and enforce its shortage response actions. Section 3.8 Financial Consequences of the WSCP provides a description of the financial consequences of and responses for drought conditions. Section 3.9 Monitoring and Reporting describes monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements. Section 3.10 WSCP Refinement Procedures addresses reevaluation and improvement procedures for monitoring and evaluating the functionality of the WSCP. Section 3.11 Special Water Feature Distinction is a required definition for inclusion in a WSCP per the Water Code. Section 3.12 Plan Adoption, Submittal, and Implementation provides a record of the process the City followed to adopt and implement its WSCP. Integration with Other Planning Efforts As a retail water supplier in Orange County, the City considered other key entities in the development of this WSCP, including East Orange County Water District ([EOCWD] (wholesale zone of the District and supplier of imported water to the City)), the Municipal Water District of Orange County ([MWDOC] (regional wholesale supplier and the direct supplier of imported water to EOCWD)), the Metropolitan Water District of Southern California ([MET] (regional wholesaler for Southern California and the direct supplier of imported water to MWDOC)), and Orange County Water District ([OCWD] (Orange County Groundwater Basin manager and provider of recycled water in North Orange County). As a MWDOC 1-2 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan member agency, the City also developed this WSCP with input from several coordination efforts led by MWDOC. Some of the key planning and reporting documents that were used to develop this WSCP are: • MWDOC's 2020 UWMP provides the basis for the projections of the imported supply availability over the next 25 years for the City's service area. • MWDOC's 2020 WSCP provides a water supply availability assessment and structured steps designed to respond to actual conditions that will help maintain reliable supplies and reduce the impacts of supply interruptions. • 2021 Orange County Water Demand Forecast for MWDOC and OCWD Technical Memorandum (Demand Forecast TM) provides the basis for water demand projections for MWDOC's member agencies as well as Anaheim, Fullerton, and Santa Ana. • MET's 2020 Integrated Water Resources Plan (IRP) is a long-term planning document to ensure water supply availability in Southern California and provides a basis for water supply reliability in Orange County. • MET's 2020 UWMP was developed as a part of the 2020 IRP planning process and was used by MWDOC as another basis for the projections of supply capability of the imported water received from MET. • MET's 2020 WSCP provides a water supply assessment and guide for MET's intended actions during water shortage conditions. • OCWD's 2019-20 Engineer's Report provides information on the groundwater conditions and basin utilization of the Orange County Groundwater Basin (OC Basin). • OCWD's 2017 Basin 8-1 Alternative is an alternative to the Groundwater Sustainability Plan (GSP) for the OC Basin and provides significant information related to sustainable management of the basin in the past and hydrogeology of the basin, including groundwater quality and basin characteristics. • 2020 Local Hazard Mitigation Plan (HMP) provides the basis for the seismic risk analysis of the water system facilities. • Orange County Local Agency Formation Commission's 2020 Municipal Service Review for MWDOC Report provides a comprehensive service review of the municipal services provided by MWDOC. • Water Master Plan and Sewer Master Plan of the City provide information on water infrastructure planning projects and plans to address any required water system improvements. • Groundwater Management Plans provide the groundwater sustainability goals for the basins in the MWDOC's service area and the programs, actions, and strategies activities that support those goals. 1-3 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan BACKGROUND INFORMATION Incorporated in 1927, the City is a General Law City and has a Council -Manager form of government which consists of an elected City Council responsible for policy making, and a professional City Manager, appointed by the Council. The City purchases imported water from MWDOC (Orange County's wholesale water supplier and a member agency of MET) through EOCWD, which is the member agency of MWDOC that represents the City. City Service Area The City is located in central east Orange County. The City is bounded by the City of Orange to the north, the City of Santa Ana to the west, the City of Irvine to the south, and unincorporated areas of Orange County to the east. The City is approximately 35 miles south of Los Angeles and 10 miles inland from the Pacific Ocean. The City's water service area has an area of 8.4 square miles and an elevation of about 210 feet above sea level. The topography of the City combines generally flat areas with gradual rolling hills. The City provides potable water service to most of the incorporated area of the City and also to unincorporated county areas north of the City. A map of the City's water service area is shown in Figure 2-1. 2-1 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan "Slim Leem ti ..� nAn.unurT� � NiMTK Alb T%*A4`7M►'1' Y1tT4 i I A I/, 9VH l K 1R V%*Lk NAA WATIFN WNW" AXNA r I 7P7f ] no { { N" S 440 Figure 2-1: City Service Area Relationship to Wholesalers The Metropolitan Water District of Southern California: MET is the largest water wholesaler for domestic and municipal uses in California, serving approximately 19 million customers. MET wholesales imported water supplies to 26 member cities and water districts in six Southern California counties. Its service area covers the Southern California coastal plain, extending approximately 200 miles along the 2-2 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Pacific Ocean from the City of Oxnard in the north to the international boundary with Mexico in the south. This encompasses 5,200 square miles and includes portions of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties. Approximately 85% of the population from the aforementioned counties reside within MET's boundaries MET is governed by a Board of Directors comprised of 38 appointed individuals with a minimum of one representative from each of MET's 26 member agencies. The allocation of directors and voting rights are determined by each agency's assessed valuation. Each member of the Board shall be entitled to cast one vote for each ten million dollars ($10,000,000) of assessed valuation of property taxable for district purposes, in accordance with Section 55 of the Metropolitan Water District Act (Metropolitan Act). Directors can be appointed through the chief executive officer of the member agency or by a majority vote of the governing board of the agency. Directors are not compensated by MET for their service. MET is responsible for importing water into the region through its operation of the Colorado River Aqueduct (CRA) and its contract with the State of California for SWP supplies. Member agencies receive water from MET through various delivery points and pay for service through a rate structure made up of volumetric rates, capacity charges and readiness to serve charges. Member agencies provide estimates of imported water demand to MET annually in April regarding the amount of water they anticipate they will need to meet their demands for the next five years. The Municipal Water District of Orange County: In Orange County, MWDOC and the cities of Anaheim, Fullerton, and Santa Ana are MET member agencies that purchase imported water directly from MET. Furthermore, MWDOC purchases both treated potable and untreated water from MET to supplement its retail agencies' local supplies. EOCWD is one of MWDOC's 28 member agencies receiving imported water from MWDOC. The City's location within MWDOC's service area is shown on Figure 2-2. The City receives imported water from EOCWD via MWDOC. 2-3 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan LM An�.f Can�� SWC a&w4ro COW+A' NE. RAT a@ACtf, )TrYW1E 44'WLTOkrua &WTA ALARGAW'TA W'A7EPLI TRA^t WATSR&STACT EArE:G i- - LA0UhA6EACH CoWr Y WATER TER CW s MUTERfYSTR.%- MWDOC Retail Agencies N Non -Retail Agency Boundary W OEast Orange County Water District (Wholesale) S OOrange County Water District Freeways and TolWays 25 MWDOC Service Area and Member Agencies Mroc"M Figure 2-2: Regional Location of City and Other MWDOC Member Agencies 2-4 WLLERTAl' +'i:aliA,•.ti:�e M1S'R ••-Fo nLiR•Cr GOLDEN r,' - "TL,: EpRlf jum AY.WEfAI A WATER C.41STATE WAATEtE R CO ORANGE � GARLENGROYF �aESiu. � lrl .MAL WAC f TUSTW WATER NSTAT wA AANA + VTINGTOAI&EAC1+ Fo`WAW 9Atl1E Y ` WTER RAWH St TOMIST r NE. RAT a@ACtf, )TrYW1E 44'WLTOkrua &WTA ALARGAW'TA W'A7EPLI TRA^t WATSR&STACT EArE:G i- - LA0UhA6EACH CoWr Y WATER TER CW s MUTERfYSTR.%- MWDOC Retail Agencies N Non -Retail Agency Boundary W OEast Orange County Water District (Wholesale) S OOrange County Water District Freeways and TolWays 25 MWDOC Service Area and Member Agencies Mroc"M Figure 2-2: Regional Location of City and Other MWDOC Member Agencies 2-4 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Relationshin with Wholesaler Water Shortage Planning The WSCP is designed to be consistent with MET's Water Shortage and Demand Management (WSDM) Plan, MWDOC's Water Supply Allocation Plan (WSAP), and other emergency planning efforts as described below. MWDOC's WSAP is integral to the WSCP's shortage response strategy in the event that MET or MWDOC determines that supply augmentation (including storage) and lesser demand reduction measures would not be sufficient to meet a projected shortage levels needed to meet demands. 2.3.1 MET Water Surplus and Drought Management Plan MET evaluates the level of supplies available and existing levels of water in storage to determine the appropriate management stage annually. Each stage is associated with specific resource management actions to avoid extreme shortages to the extent possible and minimize adverse impacts to retail customers should an extreme shortage occur. The sequencing outlined in the WSDM Plan reflects anticipated responses towards MET's existing and expected resource mix. Surplus stages occur when net annual deliveries can be made to water storage programs. Under the WSDM Plan, there are four surplus management stages that provides a framework for actions to take for surplus supplies. Deliveries in Diamond Valley Lake (DVL) and in SWP terminal reservoirs continue through each surplus stage provided there is available storage capacity. Withdrawals from DVL for regulatory purposes or to meet seasonal demands may occur in any stage. The WSDM Plan distinguishes between shortages, severe shortages, and extreme shortages. The differences between each term are listed below. • Shortage: MET can meet full-service demands and partially meet or fully meet interruptible demands using stored water or water transfers as necessary (Stages 1-3). • Severe Shortage: MET can meet full-service demands only by making withdrawals from storage, calling on its water transfers, and possibly calling for extraordinary conservation and reducing deliveries under the Interim Agricultural Water Program (IAWP) (Stages 4-5). • Extreme Shortage: MET must allocate available imported supplies to full-service customers (Stage 6). There are six shortage management stages to guide resource management activities. These stages are defined by shortfalls in imported supply and water balances in MET's storage programs. When MET must make net withdrawals from storage to meet demands, it is considered to be in a shortage condition. Figure 2-3 gives a summary of actions under each surplus and shortage stages when an allocation plan is necessary to enforce mandatory cutbacks. The goal of the WSDM plan is to avoid Stage 6, an extreme shortage (MET, 1999). 2-5 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Surplus Stages Actions Shortage Stages 4 3 2 1 1 2 3 4 5 6 Put to SWP & CRA Groundwater Storage Put to SWP & CRA Surface Storage Put to Conjunctive Use Groundwater Put to DWR Flexible Storage Put to Metropolitan Surface Storage Public Outreach Takefrom Metropolitan Surface Storage Take from SWP Groundwater Storage Takefrom Conjunctive Use Storage Take from SWP & CRA Surface Storage Take from DWR Flexible Storage L Extraordinary Conservation Reduce IAWP Deliveries Call Options Contracts Buy Spot Transfers Implement Water SupplyAllocation Plan Potential Simultaneous Actions Figure 2-3: Resource Stages, Anticipated Actions, and Supply Declarations Source: MET 1000 MET's Board of Directors adopted a Water Supply Condition Framework in June 2008 in order to communicate the urgency of the region's water supply situation and the need for further water conservation practices. The framework has four conditions, each calling increasing levels of conservation. Descriptions for each of the four conditions are listed below: • Baseline Water Use Efficiency: Ongoing conservation, outreach, and recycling programs to achieve permanent reductions in water use and build storage reserves. • Condition 1 Water Supply Watch: Local agency voluntary dry -year conservation measures and use of regional storage reserves. • Condition 2 Water Supply Alert: Regional call for cities, counties, member agencies, and retail water agencies to implement extraordinary conservation through drought ordinances and other measures to mitigate use of storage reserves. • Condition 3 Water Supply Allocation: Implement MET's WSAP. As noted in Condition 3, should supplies become limited to the point where imported water demands cannot be met, MET will allocate water through the WSAP (MET, 2021 a). 2.3.2 MET Water Supply Allocation Plan MET's imported supplies have been impacted by a number of water supply challenges as noted earlier. In case of extreme water shortage within the MET service area is the implementation of its WSAP. 2-6 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan MET's Board of Directors originally adopted the WSAP in February 2008 to fairly distribute a limited amount of water supply and applies it through a detailed methodology to reflect a range of local conditions and needs of the region's retail water consumers (MET, 2021 a). The WSAP includes the specific formula for calculating member agency supply allocations and the key implementation elements needed for administering an allocation. MET's WSAP is the foundation for the urban water shortage contingency analysis required under Water Code Section 10632 and is part of MET's 2020 UWMP. MET's WSAP was developed in consideration of the principles and guidelines in MET's 1999 WSDM Plan with the core objective of creating an equitable "needs -based allocation." The WSAP's formula seeks to balance the impacts of a shortage at the retail level while maintaining equity on the wholesale level for shortages of MET supplies of greater than 50% cutbacks. The formula takes into account a number of factors, such as the impact on retail customers, growth in population, changes in supply conditions, investments in local resources, demand hardening aspects of water conservation savings, recycled water, extraordinary storage and transfer actions, and groundwater imported water needs The formula is calculated in three steps: 1) based period calculations, 2) allocation year calculations, and 3) supply allocation calculations. The first two steps involve standard computations, while the third step contains specific methodology developed for the WSAP. Step 1: Base Period Calculations — The first step in calculating a member agency's water supply allocation is to estimate their water supply and demand using a historical based period with established water supply and delivery data. The base period for each of the different categories of supply and demand is calculated using data from the two most recent non -shortage years. Step 2: Allocation Year Calculations — The next step in calculating the member agency's water supply allocation is estimating water needs in the allocation year. This is done by adjusting the base period estimates of retail demand for population growth and changes in local supplies. Step 3: Supply Allocation Calculations — The final step is calculating the water supply allocation for each member agency based on the allocation year water needs identified in Step 2. In order to implement the WSAP, MET's Board of Directors makes a determination on the level of the regional shortage, based on specific criteria, typically in April. The criteria used by MET includes current levels of storage, estimated water supplies conditions, and projected imported water demands. The allocations, if deemed necessary, go into effect in July of the same year and remain in effect for a 12 - month period. The schedule is made at the discretion of the Board of Directors (MET, 2021 b). As demonstrated by the findings in MET's 2020 UWMP, both the Water Reliability Assessment and the Drought Risk Assessment (DRA) demonstrate that MET is able to mitigate the challenges posed by hydrologic variability, potential climate change, and regulatory risk on its imported supply sources through the significant storage capabilities it has developed over the last two decades, both dry -year and emergency storage (MET, 2021 a). Although MET's 2020 UWMP forecasts that MET will be able to meet projected imported demands throughout the projected period from 2025 to 2045, uncertainty in supply conditions can result in MET needing to implement its WSAP to preserve dry -year storage and curtail demands (MET, 2021 b). 2-7 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 2.3.3 MWDOC Water Supply Allocation Plan To prepare for the potential allocation of imported water supplies from MET, MWDOC worked collaboratively with its 28 retail agencies to develop its own WSAP that was adopted in January 2009 and amended in 2016. The MWDOC WSAP outlines how MWDOC will determine and implement each of its retail agency's allocation during a time of shortage. The MWDOC WSAP uses a similar method and approach, when reasonable, as that of the MET's WSAP. However, MWDOC's plan remains flexible to use an alternative approach when MET's method produces a significant unintended result for the member agencies. The MWDOC WSAP model follows five basic steps to determine a retail agency's imported supply allocation. Step 1: Determine Baseline Information — The first step in calculating a water supply allocation is to estimate water supply and demand using a historical based period with established water supply and delivery data. The base period for each of the different categories of demand and supply is calculated using data from the last two non -shortage years. Step 2: Establish Allocation Year Information — In this step, the model adjusts for each retail agency's water need in the allocation year. This is done by adjusting the base period estimates for increased retail water demand based on population growth and changes in local supplies. Step 3: Calculate Initial Minimum Allocation Based on MET's Declared Shortage Level — This step sets the initial water supply allocation for each retail agency. After a regional shortage level is established, MWDOC will calculate the initial allocation as a percentage of adjusted Base Period Imported water needs within the model for each retail agency Step 4: Apply Allocation Adjustments and Credits in the Areas of Retail Impacts and Conservation— In this step, the model assigns additional water to address disparate impacts at the retail level caused by an across-the-board cut of imported supplies. It also applies a conservation credit given to those agencies that have achieved additional water savings at the retail level as a result of successful implementation of water conservation devices, programs and rate structures. Step 5: Sum Total Allocations and Determine Retail Reliability — This is the final step in calculating a retail agency's total allocation for imported supplies. The model sums an agency's total imported allocation with all of the adjustments and credits and then calculates each agency's retail reliability compared to its Allocation Year Retail Demand. The MWDOC WSAP includes additional measures for plan implementation, including the following (MWDOC, 2016): • Appeal Process — An appeals process to provide retail agencies the opportunity to request a change to their allocation based on new or corrected information. MWDOC anticipates that under most circumstances, a retail agency's appeal will be the basis for an appeal to MET by MWDOC. • Melded Allocation Surcharge Structure — At the end of the allocation year, MWDOC would only charge an allocation surcharge to each retail agency that exceeded their allocation if MWDOC exceeds its total allocation and is required to pay a surcharge to MET. MET enforces allocations to retail agencies through an allocation surcharge to a retail agency that exceeds its total annual allocation at the end of the 12 -month allocation period. MWDOC's surcharge would be assessed 2-8 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan according to the retail agency's prorated share (AF over usage) of MWDOC amount with MET. Surcharge funds collected by MET will be invested in its Water Management Fund, which is used to in part to fund expenditures in dry -year conservation and local resource development. Tracking and Reporting Water Usage — MWDOC will provide each retail agency with water use monthly reports that will compare each retail agency's current cumulative retail usage to their allocation baseline. MWDOC will also provide quarterly reports on its cumulative retail usage versus its allocation baseline. • Timeline and Option to Revisit the Plan — The allocation period will cover 12 consecutive months and the Regional Shortage Level will be set for the entire allocation period. MWDOC only anticipates calling for allocation when MET declares a shortage; and no later than 30 days from MET's declaration will MWDOC announce allocation to its retail agencies. 2-9 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 11 WATER SHORTAGE CONTINGENCY PREPAREDNESS AND RESPONSE PLANNING The City's WSCP is a detailed guide of how the City intends to act in the case of an actual water shortage condition. The WSCP anticipates a water supply shortage and provides pre -planned guidance for managing and mitigating a shortage. Regardless of the reason for the shortage, the WSCP is based on adequate details of demand reduction and supply augmentation measures that are structured to match varying degrees of shortage will ensure the relevant stakeholders understand what to expect during a water shortage situation. 3.1 water Supply Reliability Analysis Per Water Code Section 10632 (a)(1), the WSCP shall provide an analysis of water supply reliability conducted pursuant to Water Code Section 10635, and the key issues that may create a shortage condition when looking at the City's water asset portfolio. Understanding water supply reliability, factors that could contribute to water supply constraints, availability of alternative supplies, and what effect these have on meeting customer demands provides the City with a solid basis on which to develop appropriate and feasible response actions in the event of a water shortage. In the 2020 UWMP, the City conducted a Water Reliability Assessment to compare the total water supply sources available to the water supplier with long-term projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years (Tustin, 2021). The City also conducted a DRA to evaluate a drought period that lasts five consecutive water years starting from the year following when the assessment is conducted. An analysis of both assessments determined that the City is capable of meeting all customers' demands from 2021 through 2045 for a normal year, a single dry year, and a drought lasting five consecutive years with significant imported water supplemental drought supplies from EOCWD/MWDOC/MET and ongoing conservation program efforts. The City has also added reliability through receiving the majority of its water supply from groundwater from the OC Basin and supplemental supplies from EOCWD/MWDOC/MET. As a result, there is no projected shortage condition due to drought that will trigger customer demand reduction actions until MWDOC and/or EOCWD notifies the City of insufficient imported supplies. More information is available in the City's 2020 UWMP (Tustin, 2021). 3.2 Annual Water Supply and Demand Assessment Procedures Per Water Code Section 10632.1, the City will conduct an Annual Assessment pursuant to subdivision (a) of Section 10632 and by July 1st of each year, beginning in 2022, submit an Annual Assessment with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the Supplier's WSCP. The City must include in its WSCP the procedures used for conducting an Annual Assessment. The Annual Assessment is a determination of the near-term outlook for supplies and demands and how a perceived shortage may relate to WSCP shortage stage response actions in the current calendar year. This determination is based on information available to the City at the time of the analysis. Starting in 2022, the Annual Assessment will be due by July 1 of every year. 3-1 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan This section documents the decision-making process required for formal approval of the City's Annual Assessment determination of water supply reliability each year and the key data inputs and the methodologies used to evaluate the water system reliability for the coming year, while considering that the year to follow would be considered dry. 3.2.1 Decision -Making Process The following decision-making process describes the functional steps that the City will take to formally approve the Annual Assessment determination of water supply reliability each year. 3.2.1.1 City Steps to Approve the Annual Assessment Determination The Annual Assessment will be predicated on the OCWD Basin Production Percentage (BPP) and on MWDOCs Annual Assessment outcomes. The City receives groundwater from OCWD. The OC Basin is not adjudicated and as such, pumping from the OC Basin is managed through a process that uses financial incentives to encourage groundwater producers (Producers) to pump a sustainable amount of water. The framework for the financial incentives is based on establishing the BPP, the percentage of each Producer's total water supply that comes from groundwater pumped from the OC Basin. The BPP is set uniformly for all Producers by OCWD on an annual basis in by OCWD Board of Directors. Based on the projected water demand and water modeled water supply, over the long-term, OCWD anticipates sustainably supporting a BPP of 85%; however, volumes of groundwater and imported water may vary depending on OCWD's actual BPP projections. A supply reduction that may result from the annual BPP projection will be included in the Annual Assessment. While the City's primary source of water is OCWD groundwater, any remaining source to meet retail demands comes from the purchase of imported water from EOCWD/MWDOC. MWDOC surveys its member agencies annually for anticipated water demands and supplies for the upcoming year. MWDOC utilizes this information to plan for the anticipated imported water supplies for the MWDOC service area. This information is then shared and coordinated with MET and is incorporated into their analysis of their service area's annual imported water needs. Based on the year's supply conditions and WSDM actions, MET will present a completed Annual Assessment for its member agencies' review from which they will then seek Board approval in April of each year. Additionally, MET expects that any triggers or specific shortage response actions that result from the Annual Assessment would be approved by their Board at that time. Based upon MET's Assessment and taking into consideration information provided to MWDOC through the annual survey, MWDOC will provide an anticipated estimate of imported supplies for City to incorporate into the Annual Assessment. The City Manager and/or his or her designated representative shall review the Annual Assessments from MET, MWDOC, and OCWD and incorporate the finding into the City's assessment. The City Manager and/or his or her designee will authorize the City's Annual Assessment determining specific shortage response action necessary to prudently plan for water supply needs to its customers, and/or or comply with regulations and/or restrictions implemented by the State Water Resources Control Board (SWRCB), MET, MWDOC, or OCWD. The City will formally submit assessment findings to DWR prior to the July 1 deadline. 3-2 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan April/May May/June July 1 July MWDOC MET WSAP W SAP & determination Annual & Assessment Annual approval Assessment approval EOCWD Annual Assessment approval OCW D BPP Projection City of Tustin Annual Assessment approval July 1 July .lune Annual Implement Annual Assessment Outcomes: Assessment Asse s m n to 1. Shortage Identified: Implement WSCP submDWR 2. No Shortage Identified- No action needed Figure 3-1: Annual Assessment Reporting Timeline 3.2.2 Data and Methodologies The following paragraphs document the key data inputs and methodologies that are used to evaluate the water system reliability for the coming year, while considering that the year to follow would be considered dry. 3.2.2.1 Assessment Methodology The City will evaluate water supply reliability for the current year and one dry year for the purpose of the Annual Assessment. The Annual Assessment determination will be based on considerations of unconstrained water demand, local water supplies, EOCWD/MWDOC imported water supplies, planned water use, and infrastructure considerations. The balance between projected local supplies coupled with MET imported supplies and anticipated unconstrained demand will be used to determine what, if any, shortage stage is expected under the WSCP framework as presented in Figure 3-2. The WSCP's standard shortage stages are defined in terms of shortage percentages. Shortage percentages will be calculated by dividing the difference between water supplies and unconstrained demand by total unconstrained demand. This calculation will be performed separately for anticipated current year conditions and for assumed dry year conditions. 3-3 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan ^1k Develop Water Shortage Conduct annual Contingency Plan water supply and concurrently with updated demand assessment Ordinance (to be periodically revised) Shortage identified in annual assessment No shortage identified in annual assessment Implement - 1. Shortage response 000.actions in WSCP 2. Compliance and enforcement actions in line with Ordinance 3. Communication actions in WSCP lop,No further action needed that year Figure 3-2: Water Shortage Contingency Plan Annual Assessment Framework 3.2.2.2 Locally Applicable Evaluation Criteria Within Orange County, there are no significant local applicable criteria that directly affect reliability. Through the years, the water agencies in Orange County have made tremendous efforts to integrate their systems to provide flexibility to interchange with different sources of supplies. There are emergency agreements in place to ensure all parts of the County have an adequate supply of water. In the northern part of the County, agencies have the ability to meet a majority of their demands through groundwater with very little limitation, except for the OCWD BPP. The City will also continue to monitor emerging supply and demand conditions related to supplemental imported water from MWDOC/MET and take appropriate actions consistent with the flexibility and adaptiveness inherent to the WSCP. The City's Annual Assessment was based on the City's service area, water sources, water supply reliability, and water use as described in Water Code Section 10631, including available data from state, regional, or local agency population, land use development, and climate change projections within the service area of the City. Some conditions that affect MWDOC's wholesale supply and demand, such as groundwater replenishment, surface water and local supply production, can differ significantly from earlier projections throughout the year. If a major earthquake on the San Andreas Fault occurs, it has the potential to damage all three key regional water aqueducts and disrupt imported supplies for up to six months. The region would likely impose a water use reduction ranging from 10-25% until the system is repaired. However, MET has taken proactive steps to handle such disruption, such as constructing DVL, which mitigates potential impacts. DVL, along with other local reservoirs, can store a six to twelve-month supply of emergency water (MET, 2021 b). 3.2.2.3 Water Supply As detailed in the City's 2020 UWMP, the City meets all of its customers' demands with a combination of local groundwater from the OC Basin and imported water from EOCWD. The City's main source of water supply is groundwater, with imported water making up the rest of the City's water supply portfolio. In FY 2019-20, the City relied on 96% groundwater and 4% imported water. It is projected that by 2045, the water supply mix will change RM DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan to approximately 85% groundwater and 15% imported water, reflecting the increase in OCWD's BPP to 85% beginning in 2025 (Tustin, 2021). 3.2.2.4 Unconstrained Customer Demand The WSCP and Annual Assessment define unconstrained demand as expected water use prior to any projected shortage response actions that may be taken under the WSCP. Unconstrained demand is distinguished from observed demand, which may be constrained by preceding, ongoing, or future actions, such as emergency supply allocations during a multi-year drought. WSCP shortage response actions to constrain demand are inherently extraordinary; routine activities such as ongoing conservation programs and regular operational adjustments are not considered as constraints on demands. The City's DRA reveals that its supply capabilities are expected to balance anticipated total water use and supply, assuming a five-year consecutive drought from FY 2020-21 through FY 2024-25 (Tustin, 2021). Water demands in a five-year consecutive drought are calculated as a 6% increase in water demand above a normal year for each year of the drought (CDM Smith, 2021). 3.2.2.5 Planned Water Use for Current Year Considering Dry Subsequent Year Water Code Section 10632(a)(2)(B)(ii) requires the Annual Assessment to determine "current year available supply, considering hydrological and regulatory conditions in the current year and one dry year." The Annual Assessment will include two separate estimates of City's annual water supply and unconstrained demand using: 1) current year conditions, and 2) assumed dry year conditions. Accordingly, the Annual Assessment's shortage analysis will present separate sets of findings for the current year and dry year scenarios. The Water Code does not specify the characteristics of a dry year, allowing discretion to the Supplier. The City will use its discretion to refine and update its assumptions for a dry year scenarios in each Annual Assessment as information becomes available and in accordance with best management practices. Supply and demand analyses for the single -dry year case was based on conditions affecting the SWP as this supply availability fluctuates the most among MET's, and therefore MWDOC and the City's, sources of supply. FY 2013-14 was the single driest year for SWP supplies with an allocation of 5% to Municipal and Industrial (M&I) uses. Unique to this year, the 5% SWP allocation was later reduced to 0%, before ending up at its final allocation of 5%, highlight the stressed water supplies for the year. Furthermore, on January 17, 2014 Governor Brown declared the drought State of Emergency citing 2014 as the driest year in California history. Additionally, within MWDOC's service area, precipitation for FY 2013-14 was the second lowest on record, with 4.37 inches of rain, significantly impacting water demands. The water demand forecasting model developed for the Demand Forecast TM isolated the impacts that weather and future climate can have on water demand through the use of a statistical model. The impacts of hot/dry weather conditions are reflected as a percentage increase in water demands from the normal year condition (average of FY 2017-18 and FY 2018-19). For a single dry year condition (FY 2013-14), the model projects a 6% increase in demand for the OC Basin area where the City's service area is located (CDM Smith, 2021). Detailed information of the model is included in the City's 2020 UWMP. The City has documented that it is 100% reliable for single dry year demands from 2025 through 2045 with a demand increase of 6% from normal demand with significant reserves held by MET, local groundwater supplies, and conservation (Tustin, 2021). OR DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 3.2.2.6 Infrastructure Considerations The Annual Assessment will include consideration of any infrastructure issues that may pertain to near-term water supply reliability, including repairs, construction, and environmental mitigation measures that may temporarily constrain capabilities, as well as any new projects that may add to system capacity. MWDOC closely coordinates with MET and its member agencies, including the City, on any planned infrastructure work that may impact water supply availability. Throughout each year, MET regularly carries out preventive and corrective maintenance of its facilities within the MWDOC service area that may require shutdowns to inspect and repair pipelines and facilities and support capital improvement projects. These shutdowns involve a high level of planning and coordination between MWDOC, MWDOC's member agencies, and MET to ensure that major portions of the distribution system are not out of service at the same time. Operational flexibility within MET's system and the cooperation of member agencies allow shutdowns to be successfully completed while continuing to meet all system demands. 3.2.2.7 Other Factors For the Annual Assessment, any known issues related to water quality would be considered for their potential effects on water supply reliability. Per- and polyfluoroalkyl substances (PFAS) are a group of thousands of manmade chemicals that includes perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). PFAS compounds were once commonly used in many products including, among many others, stain- and water-repellent fabrics, nonstick products (e.g., Teflon), polishes, waxes, paints, cleaning products, and fire -fighting foams. Beginning in the summer of 2019, the California State Division of Drinking Water (DDW) began requiring testing for PFAS compounds in some groundwater production wells in the OCWD area The City has 5 wells impacted by PFAS. PFAS are of particular concern for groundwater quality, and since the summer of 2019, DDW requires testing for PFAS compounds in some groundwater production wells in the OCWD area. In February 2020, the DDW lowered its Response Levels (RL) for PFOA and PFOS to 10 and 40 parts per trillion (ppt), respectively. The DDW recommends Producers not serve any water exceeding the RL — effectively making the RL an interim Maximum Contaminant Level (MCL) while DDW undertakes administrative action to set a MCL. In response to DDW's issuance of the revised RL, as of December 2020, approximately 45 wells in the OCWD service area have been temporarily turned off until treatment systems can be constructed. As additional wells are tested, OCWD expects this figure may increase to at least 70 to 80 wells. The state has begun the process of establishing MCLS for PFOA and PFOS and anticipates these MCLS to be in effect by the Fall of 2023. OCWD anticipates the MCLS will be set at or below the RLs. In April 2020, OCWD as the groundwater basin manager, executed an agreement with the impacted Producers to fund and construct the necessary treatment systems for production wells impacted by PFAS compounds. The PFAS treatment projects includes the design, permitting, construction, and operation of PFAS removal systems for impacted Producer production wells. Each well treatment system will be evaluated for use with either granular activated carbon or ion exchange for the removal of PFAS compounds. These treatment systems utilize vessels in a lead -lag configuration to remove PFOA and PFOS to less than 2 ppt (the current non -detect limit). Use of these PFAS treatment systems are designed to ensure the groundwater supplied by Producer wells can be served in compliance with current and future PFAS regulations. With financial assistance from OCWD, the Producers will operate and maintain the new treatment systems once they are constructed. To minimize expenses and provide maximum protection to the public water supply, OCWD initiated design, permitting, and construction of the PFAS treatment projects on a schedule that allows rapid deployment of W. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan treatment systems. Construction contracts were awarded for treatment systems for production wells in the City of Fullerton and Serrano Water District in Year 2020. Additional construction contracts will likely be awarded in the first and second quarters of 2021. OCWD expects the treatment systems to be constructed for most of the initial 45 wells above the RL within the next 2 to 3 years. As additional data are collected and new wells experience PFAS detections at or near the current RL, and/or above a future MCL, and are turned off, OCWD will continue to partner with the affected Producers and take action to design and construct necessary treatment systems to bring the impacted wells back online as quickly as possible. Groundwater production in FY 2019-20 was expected to be approximately 325,000 acre-feet (AF) but declined to 286,550 AF primarily due to PFAS impacted wells being turned off around February 2020. OCWD expects groundwater production to be in the area of 245,000 AF in FY 2020-21 due to the currently idled wells and additional wells being impacted by PFAS and turned off. As PFAS treatment systems are constructed, OCWD expects total annual groundwater production to slowly increase back to normal levels (310,000 to 330,000 AF) (OCWD, 2020). Six Standard Water Shortaqe Levels Per Water Code Section 10632 (a)(3)(A), the City must include the six standard water shortage levels that represent shortages from the normal reliability as determined in the Annual Assessment. The shortage levels have been standardized to provide a consistent regional and statewide approach to conveying the relative severity of water supply shortage conditions. This is an outgrowth of the severe statewide drought of 2012-2016, and the widely recognized public communication and state policy uncertainty associated with the many different local definitions of water shortage Levels. The six standard water shortage levels correspond to progressively increasing estimated shortage conditions (up to 10%, 20%, 30%, 40%, 50%, and greater than 50% shortage compared to the normal reliability condition) and align with the response actions the Supplier would implement to meet the severity of the impending shortages. Table 3-1: Water Shortage Contingency Plan Levels Percent Shortage Level Shortage Shortage Response Actions Range A Level 0 Water Supply Shortage —Condition exists when the City notifies its water users that no supply shortages are anticipated in this year. The City will proceed with planned water efficiency best practices to support consumer 0 0% (Normal) demand reduction in line with state mandated requirements and City goals for water supply reliability. The City has adopted a permanent 10 percent annual reduction strategy through year -around landscape irrigation schedules, as well as other permanent water waste prohibitions in place as stipulated in the City's Water Management Plan Ordinance. 3-7 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan M, Shortage Percent Level Shortage Shortage Response Actions Range A Level 1 Water Supply Shortage — Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and 1 Up to 10% respond to existing water conditions. The City shall implement the mandatory Level 1 conservation measures identified in this ordinance. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation. A Level 2 Water Supply Shortage — Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand 2 11% to 20% reduction of up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement the mandatory Level 2 conservation measures identified in this ordinance. A Level 3 Water Supply Shortage — Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 30% consumer demand 3 21% to 30% reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. A Level 4 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 40% consumer demand 4 31% to 40% reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. A Level 5 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 50% or more consumer 5 41% to 50% demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. M, DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan Shortage Percent Level Shortage Shortage Response Actions Range A Level 6 Water Supply Shortage — Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that greater than 50% or more 6 >50% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. NOTES: Shortage Response Actions Water Code Section 10632 (a)(4) requires the WSCP to specify shortage response actions that align with the defined shortage levels. The City has defined specific shortage response actions that align with the defined shortage levels in DWR Tables 8-2 and 8-3 (Appendix A). These shortage response actions were developed with consideration to the system infrastructure and operations changes, supply augmentation responses, customer - class or water use -specific demand reduction initiatives, and increasingly stringent water use prohibitions. 3.4.1 Demand Reduction The demand reduction measures that would be implemented to address shortage levels are described in DWR Table 8-2 (Appendix A). This table indicates which actions align with specific defined shortage levels and estimates the extent to which the actions will reduce the gap between supplies and demands to deliver the outcomes necessary to meet the requirements of a given shortage level. This table also identifies the enforcement action, if any, associated with each demand reduction measure. 3.4.2 Supply Augmentation The supply augmentation actions are described in DWR Table 8-3 (Appendix A). These augmentations represent short-term management objectives triggered by the MET's WSDM Plan and do not overlap with the long-term new water supply development or supply reliability enhancement projects. Supply Augmentation is made available to the City through MWDOC and MET. The City relies on MET's reliability portfolio of water supply programs including existing water transfers, storage and exchange agreements to supplement gaps in the City's supply/demand balance. MET has developed significant storage capacity (over 5 million AF) in reservoirs and groundwater banking programs both within and outside of the Southern California region. Additionally, MET can pursue additional water transfer and exchange programs with other water agencies to help mitigate supply/demand imbalances and provide additional dry -year supply sources. MWDOC, and in turn its retail agencies, including the City, has access to supply augmentation actions through MET. MET may exercise these actions based on regional need, and in accordance with their WSCP, and may me DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan include the use of supplies and storage programs within the Colorado River, SWP, and in -region storage. The City has the ability to augment its supply to reduce the shortage gap by up to 100% by purchasing additional imported water through MWDOC or pumping additional groundwater in the OC Basin; however, both are subject to rate penalties from MWDOC and OCWD, respectively. 3.4.3 Operational Changes During shortage conditions, operations may be affected by supply augmentation or demand reduction responses. The City will consider their operational procedures when it completes its Annual Assessment or as needed to identify changes that can be implemented to address water shortage on a short-term basis. The City can alter maintenance cycles, such as system flushing, and defer planned construction activities and capital improvement projects to limit or defer planned system outages; however the City is limited by groundwater pumping approvals. 3.4.4 Additional Mandatory Restrictions Water Code Section 10632(a)(4)(D) calls for "additional, mandatory prohibitions against specific water use practices that are in addition to state -mandated prohibitions and appropriate to the local conditions" to be included among the WSCP's shortage response actions. The City will identify additional mandatory restrictions as needed based on the existing Tustin Municipal Code Chapter 10 Water Management Plan (Appendix B). The City intends to update any mandatory restrictions in a subsequently adopted ordinance with will supersede the existing ordinance. 3.4.5 Emergency Response Plan (Hazard Mitigation Plan) A catastrophic water shortage would be addressed according to the appropriate water shortage level and response actions. It is likely that a catastrophic shortage would immediately trigger Shortage Level 6 and response actions have been put in place to mitigate a catastrophic shortage. In addition, there are several Plans that address catastrophic failures and align with the WSCP, including MET's WDSM and WSAP and the Water Emergency Response Organization of Orange County (WEROC)'s Emergency Operations Plan (EOP). 3.4.5.1 MET's WSDM and WSAP MET has comprehensive plans for stages of actions it would undertake to address a catastrophic interruption in water supplies through its WSDM and WSAP. MET also developed an Emergency Storage Requirement to mitigate against potential interruption in water supplies resulting from catastrophic occurrences within the Southern California region, including seismic events along the San Andreas Fault. In addition, MET is working with the state to implement a comprehensive improvement plan to address catastrophic occurrences outside of the Southern California region, such as a maximum probable seismic event in the Sacramento -San Joaquin River Delta that would cause levee failure and disruption of SWP deliveries. 3.4.5.2 Water Emergency Response Organization of Orange County Emergency Operations Plan In 1983, the Orange County water community identified a need to develop a plan on how agencies would respond effectively to disasters impacting the regional water distribution system. The collective efforts of these agencies resulted in the formation of WEROC to coordinate emergency response on behalf of all Orange County water and 3-10 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan wastewater agencies, develop an emergency plan to respond to disasters, and conduct disaster training exercises for the Orange County water community. WEROC was established with the creation of an indemnification agreement between its member agencies to protect each other against civil liabilities and to facilitate the exchange of resources. WEROC is unique in its ability to provide a single point of contact for representation of all water and wastewater utilities in Orange County during a disaster. This representation is to the county, state, and federal disaster coordination agencies. Within the Orange County Operational Area, WEROC is the recognized contact for emergency response for the water community, including the City. As a member of WEROC, the City will follow WEROC's EOP in the event of an emergency and coordinate with WEROC to assess damage, initiate repairs, and request and coordinate mutual aid resources in the event that the City is unable to provide the level of emergency response support required by the situation. The EOP defines the actions to be taken by WEROC Emergency Operations Center (EOC) staff to reduce the loss of water and wastewater infrastructure; to respond effectively to a disaster; and to coordinate recovery operations in the aftermath of any emergency involving extensive damage to Orange County water and wastewater utilities. The EOP includes activation notification protocol that will be used to contact partner agencies to inform them of the situation, activation status of the EOC, known damage or impacts, or resource needs. The EOP is a standalone document that is reviewed annually and approved by the Board every three years. WEROC is organized on the basis that each member agency is responsible for developing its own EOP in accordance with the California Standardized Emergency Management System (SEMS), National Incident Management System (NIMS), and Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to meet specific emergency needs within its service area. The WEROC EOC is responsible for assessing the overall condition and status of the Orange County regional water distribution and wastewater collection systems including MET facilities that serve Orange County. The EOC can be activated during an emergency situation that can result from both natural and man-made causes, and can be activated through automatic, manual, or standby for activation. WEROC recognized four primary phases of emergency management, which include • Preparedness: Planning, training, and exercises that are conducted prior to an emergency to support and enhance response to an emergency or disaster. • Response: Activities and programs designed to address the immediate and short-term effects of the onset of an emergency or disaster that helps to reduce effects to water infrastructure and speed recovery. This includes alert and notification, EOC activation, direction and control, and mutual aid. • Recovery: This phase involved restoring systems to normal, in which short-term recovery actions are taken to assess the damage and return vital life-support systems to minimum operating standards, while long-term recovery actions have the potential to continue for many years. • Mitigation/Prevention: These actions prevent the occurrence of an emergency or reduce the area's vulnerability in ways that minimize the adverse impacts of a disaster or emergency. MWDOC's HMP outlines threats and identifies mitigation projects. The EOC Action Plans (EAP) provide frameworks for EOC staff to respond to different situations with the objectives and steps required to complete them, which will in turn serve the WEROC member agencies. In the event of an emergency which results in a catastrophic water shortage, the City will declare a water shortage condition of up to Level 6 for the impacted area depending on the severity of the event, and coordination with WEROC is anticipated to begin at Level 4 or greater (WEROC, 2018). 3-11 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 3.4.5.3 City of Tustin's Emergency Response Plan The City will also refer to its current American Water Infrastructure Act Risk and Resilience Assessment and Emergency Response Plan in the event of a catastrophic supply interruption (Tustin, 2020). 3.4.6 Seismic Risk Assessment and Mitigation Plan Per the Water Code Section 10632.5, Suppliers are required to assess seismic risk to water supplies as part of their WSCP. The plan also must include the mitigation plan for the seismic risk(s). Given the great distances that imported supplies travel to reach Orange County, the region is vulnerable to interruptions along hundreds of miles of aqueducts, pipelines and other facilities associated with delivering the supplies to the region. Additionally, the infrastructure in place to deliver supplies are susceptible to damage from earthquakes and other disasters. In lieu of conducting a seismic risk assessment specific to the City's 2020 UWMP, the City has included the previously prepared regional HMP by MWDOC as the regional imported water wholesaler that is required under the federal Disaster Mitigation Act of 2000 (Public Law 106-390). MWDOC's HMP identified that the overarching goals of the HMP were the same for all of its member agencies, which include: • Goal 1: Minimize vulnerabilities of critical infrastructure to minimize damages and loss of life and injury to human life caused by hazards. • Goal 2: Minimize security risks to water and wastewater infrastructure. • Goal 3: Minimize interruption to water and wastewater utilities. • Goal 4: Improve public outreach, awareness, education, and preparedness for hazards in order to increase community resilience. • Goal 5: Eliminate or minimize wastewater spills and overflows. • Goal 6: Protect water quality and supply, critical aquatic resources, and habitat to ensure a safe water supply. • Goal 7: Strengthen Emergency Response Services to ensure preparedness, response, and recovery during any major or multi -hazard event. MWDOC's HMP evaluates hazards applicable to all jurisdictions in its entire planning area, prioritized based on probability, location, maximum probable extent, and secondary impacts. The identification of hazards is highly dependent on the location of facilities within the City's jurisdiction and takes into consideration the history of the hazard and associated damage, information provided by agencies specializing in a specific hazard, and relies upon the City's expertise and knowledge. Earthquake fault rupture and seismic hazards, including ground shaking and liquefaction, are among the highest ranked hazards to the region as a whole because of its long history of earthquakes, with some resulting in considerable damage. A significant earthquake along one of the major faults could cause substantial casualties, extensive damage to infrastructure, fires, damages and outages of water and wastewater facilities, and other threats to life and property. Nearly all of Orange County is at risk of moderate to extreme ground shaking, with liquefaction possible throughout much of Orange County but the most extensive liquefaction zones occur in coastal areas. Based on the amount of seismic activity that occurs within the region, there is no doubt that communities within Orange 3-12 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan County will continue to experience future earthquake events, and it is a reasonable assumption that a major event will occur within a 30 -year timeframe. The mitigation actions identify the hazard, proposed mitigation action, location/facility, local planning mechanism, risk, cost, timeframe, possible funding sources, status, and status rationale, as applicable. Mitigation actions for MWDOC's member agencies for seismic risks may include (MWDOC, 2019): • Secure above ground assets in all buildings, booster stations, pressure reducing stations, emergency interties, water systems, and pipelines. • Conduct assessment of infrastructure to ensure seismic retrofitting is in place. • Replace aging infrastructure throughout the City. • Install backup power for critical facilities to ensure operability during emergency events. • Enhance emergency operability by implementing communication infrastructure improvements. 3.4.7 Shortage Response Action Effectiveness For each specific Shortage Response Action identified in the plan, the WSCP also estimates the extent to which that action will reduce the gap between supplies and demands identified in DWR Table 8-2 (Appendix A). To the extent feasible, City has estimated percentage savings for the chosen suite of shortage response actions, which can be anticipated to deliver the expected outcomes necessary to meet the requirements of a given shortage level. 3.5 Communication Protocols Timely and effective communication is a key element of the WSCP implementation. In the context of water shortage response, the purpose may be an emergency water shortage situation, such as may result from an earthquake, or a longer-term, non -emergency, shortage condition, such as may result from a drought. In an emergency, the City will activate the communication protocol detailed in the Emergency Response Plan. In a non- emergency water shortage situation, the City will implement the communication protocols described below. Per the Water Code Section 10632 (a)(5), the City has established communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments regarding any current or predicted shortages as determined by the Annual Assessment described pursuant to Section 10632.1; any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1; and any other relevant communications. Non -emergency water shortage communication protocols are focused on communicating the water shortage contingency planning actions that can be derived from the results of the Annual Assessment, and it would likely trigger based upon the decision-making process in Section 3.2. Prior to water shortage level declaration, the City will pursue outreach to inform customers of water shortage levels and definitions, targeted water savings for each drought stage, guidelines that customers are to follow during each stage, and sources of current information on the City's supply and demand response status. The type and degree of communication will vary with each shortage level in order to inform stakeholders of the current water shortage level status and associated shortage response actions, as defined in Section 3.4.1. Predefined communication objectives and tools will ensure the City's ability to message necessary events and information to ensure compliance with shortage response actions. These communication objectives and tools are summarized in Table 3-2. 3-13 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan The City's Public Relations department will lead public information and outreach efforts in close coordination with other MWDOC and MET. The City will share information and provide guidance to its customers as well as monitor the customer response and attitude toward both voluntary and mandatory customer response guidelines. The City's customer outreach is required to successfully achieve targeted water savings during each shortage level. Table 3-2: Communication Procedures Shortage level Communication Objectives CommunicationTools Social media outreach, water billing inserts, City Compliance with response actions, 1 webpage, waste water patrols, partnership 10% reduction in water use supporting regional outreach messaging. Social media outreach, water billing inserts, City Compliance with response actions, 2 webpage, waste water patrols, partnership 20% reduction in water use supporting regional outreach messaging. Social media outreach, direct mail communications, City webpage, waste water Compliance with response actions, 3 patrols, partnership supporting regional outreach 30% reduction in water use through MWDOC and MET. Direct communication with higher water users, and CII customers. Social media outreach, direct mail communications, City webpage, waste water Compliance with response actions, 4 patrols, partnership supporting regional outreach 40% reduction in water use through MWDOC and MET. Direct communication with higher water users, and CII customers. Social media outreach, direct mail communications, City webpage, waste water Compliance with response actions, 5 patrols, partnership supporting regional outreach 50% reduction in water use through MWDOC and MET. Direct communication with higher water users, and CII customers. Social media outreach, direct mail communications, City webpage, waste water Compliance with response actions, 6 patrols, partnership supporting regional outreach >50% reduction in water use through MWDOC and MET. Direct communication with higher water users, and CII customers. 3-14 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 3.6 Compliance and Enforcement Per the Water Code Section 10632 (a)(6), the City has defined customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions. Procedures to ensure customer compliance are described in Section 3.5 and customer enforcement, appeal, and exemption procedures as defined in the existing Tustin Municipal Code Chapter 10 Water Management Plan (Appendix B). The City intends to update any enforcement procedures in a subsequently adopted ordinance which will supersede the existing ordinance. 3. / —egcil /AUif UIr111e5 Per Water Code Section 10632 (a)(7)(A), the City has provided a description of the legal authorities that empower the City to implement and enforce its shortage response in the Tustin Municipal Code Chapter 10 Water Management Plan (Appendix B). The City intends to update any legal authorities in a subsequently adopted ordinance which will supersede the existing ordinance. Per Water Code Section 10632 (a)(7) (B), the City shall declare a water shortage emergency condition to prevail within the area served by such wholesaler whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. Per Water Code Section 10632 (a)(7)(C), the City shall coordinate with any agency or county within which it provides water supply services for the possible proclamation of a local emergency under California Government Code, California Emergency Services Act (Article 2, Section 8558). Table 3-3 identifies the contacts for all cities or counties for which the Supplier provides service in the WSCP, along with developed coordination protocols, can facilitate compliance with this section of the Water Code in the event of a local emergency as defined in subpart (c) of Government Code Section 8558. Table 3-3: Agency Contacts and Coordination Protocols Contact ncy Coordination P. . Board of Supervisors County of Orange Memo City Manager City of Tustin In person/Call/Email City Council City of Tustin Memo/Council meeting 3.8 Financial Consequences of WSCP Per Water Code Section 10632(a)(8), Suppliers must include a description of the overall anticipated financial consequences to the Supplier of implementing the WSCP. This description must include potential reductions in revenue and increased expenses associated with implementation of the shortage response actions. This should be coupled with an identification of the anticipated mitigation actions needed to address these financial impacts. 3-15 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan During a catastrophic interruption of water supplies, prolonged drought, or water shortage of any kind, the City will experience a reduction in revenue due to reduced water sales. Throughout this period of time, expenditures may increase or decrease with varying circumstances. Expenditures may increase in the event of significant damage to the water system, resulting in emergency repairs. Expenditures may also decrease as less water is pumped through the system, resulting in lower power costs. Water shortage mitigation actions will also impact revenues and require additional costs for drought response activities such as increased staff costs for tracking, reporting, and communications. The City receives water revenue from a service charge and a commodity charge based on consumption. The service charge recovers costs associated with providing water to the serviced property. The service charge does not vary with consumption and the commodity charge is based on water usage. Rates have been designed to recover the full cost of water service in the charges. Therefore, the total cost of purchasing water would decrease as the usage or sale of water decreases. In the event of a drought emergency, the City will impose excessive water use penalties on its customers, which may include additional costs associated with reduced water revenue, staff time taken for penalty enforcement, and advertising the excessive use penalties. The excessive water use penalties are further described in the City's Municipal Code Chapter 10 Water Management Plan (Appendix B). However, there are significant fixed costs associated with maintaining a minimal level of service. The City will monitor projected revenues and expenditures should an extreme shortage and a large reduction in water sales occur for an extended period of time. To overcome these potential revenue losses and/or expenditure impacts, the City may use reserves. If necessary, the City may reduce expenditures by delaying implementation of its Capital Improvement Program and equipment purchases to reallocate funds to cover the cost of operations and critical maintenance, adjust the work force, implement a drought surcharge, and/or make adjustments to its water rate structure. Based on current water rates, a volumetric cutback of 50% and above of water sales may lead to a range of reduction in revenues. The impacts to revenues will depend on a proportionate reduction in variable costs related to supply, pumping, and treatment for the specific shortage event. The City has set aside reserve funding to mitigate short-term water shortage situation. 3.9 Monitoring and Reporting Per Water Code Section 10632(a)(9), the City is required to provide a description of the monitoring and reporting requirements and procedures that have been implemented to ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements. Monitoring and reporting key water use metrics is fundamental to water supply planning and management. Monitoring is also essential in times of water shortage to ensure that the response actions are achieving their intended water use reduction purposes, or if improvements or new actions need to be considered (see Section 3.10). Monitoring for customer compliance tracking is also useful in enforcement actions. Under normal water supply conditions, potable water production figures are recorded daily, and monthly reports are prepared and monitored. This data will be used to measure the effectiveness of any water shortage contingency level that may be implemented. As levels of water shortage are declared by MET and MWDOC, the City will follow implementation of those levels as appropriate based on the City's risk profile provided in UWMP Chapter 6 and continue to monitor water demand levels. When MET calls for extraordinary conservation, MET's Drought Program Officer will coordinate public information activities with MWDOC and monitor the effectiveness of ongoing conservation programs. 3-16 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan The City will participate in monthly member agency manager meetings with both MWDOC and OCWD to monitor and discuss monthly water allocation charts. This will enable the City to be aware of import and groundwater use on a timely basis as a result of specific actions taken responding to the City's WSCP. 3.10 WSCP Refinement Procedures Per Water Code Section 10632 (a)(10), the City must provide reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed. The City's WSCP is prepared and implemented as an adaptive management plan. The City will use the monitoring and reporting process defined in Section 3.9 to refine the WSCP. In addition, if certain procedural refinements or new actions are identified by City staff, or suggested by customers or other interested parties, the City will evaluate their effectiveness, incorporate them into the WSCP, and implement them quickly at the appropriate water shortage level. It is envisioned that the WSCP will be periodically re-evaluated to ensure that its shortage risk tolerance is adequate and the shortage response actions are effective and up to date based on lessons learned from implementing the WSCP. The WSCP will be revised and updated during the UWMP update cycle to incorporate updated and new information. For example, new supply augmentation actions will be added, and actions that are no longer applicable for reasons such as program expiration will be removed. However, if revisions to the WSCP are warranted before the UWMP is updated, the WSCP will be updated outside of the UWMP update cycle. In the course of preparing the Annual Assessment each year, City staff will routinely consider the functionality the overall WSCP and will prepare recommendations for City Council if changes are found to be needed. 3.11 Special Water Feature Distinction Per Water Code Section 10632 (b), the City has defined water features in that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code, in the Tustin Municipal Code Chapter 10 Water Management Plan (Appendix B). 3.1; Plan Adoption, Submittal, and Availability Per Water Code Section 10632 (a)(c), the City provided notice of the availability of the draft 2020 UWMP and draft 2020 WSCP and notice of the public hearing to consider adoption of the WSCP. The public review drafts of the 2020 UWMP and the 2020 WSCP were posted prominently on the City's in advance of the public hearing on June 1, 2021. Copies of the draft WSCP were also made available for public inspection at the City Clerk's and Utilities Department offices and public hearing notifications were published in local newspapers. A copy of the published Notice of Public Hearing is included in Appendix C. The City held the public hearing for the draft 2020 UWMP and draft WSCP on June 1, 2021 at the City Council meeting. The City Council reviewed and approved the 2020 UWMP and the WSCP at its June 1, 2021 meeting after the public hearing. See Appendix D for the resolution approving the WSCP. 3-17 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan By July 1, 2021, the City's adopted 2020 UWMP and WSCP was filed with DWR, California State Library, and the County of Orange. The City will make the WSCP available for public review on its website no later than 30 days after filing with DWR. Based on DWR's review of the WSCP, the City will make any amendments in its adopted WSCP, as required and directed by DWR. If the City revises its WSCP after UWMP is approved by DWR, then an electronic copy of the revised WSCP will be submitted to DWR within 30 days of its adoption. 3-18 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Tustin 2020 Water Shortage Contingency Plan 4 REFERENCES CDM Smith. (2021, March 30). Orange County Water Demand Forecast for MWDOC and OCWD Technical Memorandum. City of Tustin. (2021, July). 2020 Urban Water Management Plan. City of Tustin. (2020, December). City of Tustin Water System Risk and Resilience Assessment. Metropolitan Water District of Southern California (MET). (2021 a, March). Water Shortage Contingency Plan. http://www. mwdh2o.com/PDF_About_Your_Water/Draft_Metropolitan_WSCP_March_2021.pdf Metropolitan Water District of Southern California (MET). (2021 b, June). 2020 Urban Water Management Plan. Metropolitan Water District of Southern California (MET). (1999, August). Water Surplus and Drought Management Plan. http://www.mwdh2o.com/PDF_About_Your_Water/2.4_Water_Supply_Drought_Management_Plan.pdf Municipal Water District of Orange County (MWDOC). (2016). Water Supply Allocation Plan. Municipal Water District of Orange County (MWDOC). (2019, August). Orange County Regional Water and Wastewater Hazard Mitigation Plan. Water Emergency Response Organization of Orange County (WEROC). (2018, March). WEROC Emergency Operations Plan (EOP). 4-1 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A APPENDICES Appendix A. DWR Submittal Tables Table 8-1: Water Shortage Contingency Plan Levels Table 8-2: Demand Reduction Actions Table 8-3: Supply Augmentation and Other Actions Appendix B. Tustin Municipal Code Chapter 10 Water Management Plan Appendix C. Notice of Public Hearing Appendix D. Adopted WSCP Resolution DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Arcadis U.S., Inc. 320 Commerce, Suite 200 Irvine California 92602 Phone: 714 730 9052 www.arcadis.com Maddaus Water Management, Inc. Danville, California 94526 Sacramento, California 95816 www.maddauswater.com Arcadis Improving quality of life. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Appendix A DWR Submittal Tables Table 8-1: Water Shortage Contingency Plan Levels Table 8-2: Demand Reduction Actions Table 8-3: Supply Augmentation and Other Actions DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A U MI a able 8-1 Water Shortage ContingeNNEV Shortage Percent Shortage Shortage Response Actions Level Range (Narrative description) A Level 0 Water Supply Shortage — Condition exists when the City notifies its water users that no supply shortages are anticipated in this year. The City will proceed with planned water efficiency best practices to support consumer demand reduction in line 0 0% (Normal) with state mandated requirements and City goals for water supply reliability. The City has adopted a permanent 10 percent annual reduction strategy through year -around landscape irrigation schedules, as well as, other permanent water waste prohibitions in place as stipulated in the City's Water Management Plan Ordinance. A Level 1 Water Supply Shortage — Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and respond to existing 1 Up to 10% water conditions. The City shall implement the mandatory Level 1 conservation measures identified in this ordinance. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation. A Level 2 Water Supply Shortage — Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of 2 11% to 20% up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement the mandatory Level 2 conservation measures identified in this ordinance. A Level 3 Water Supply Shortage — Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and 3 21% to 30% notifies its residents and businesses that up to 30% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. A Level 4 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and 4 31% to 40% notifies its residents and businesses that up to 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. A Level 5 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and 5 41% to 50% notifies its residents and businesses that up to 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. A Level 6 Water Supply Shortage — Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and 6 >50% notifies its residents and businesses that greater than 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. NOTES: DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? For Retail Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List The operation of any ornamental fountain 0 Other water feature or swimming pool restriction Statewide Prohibition is Required or similar structure is prohibited unless the Yes foundation or structure internally recycles the water it uses. Washing or hosing down vehicles is prohibited except by use of a hand held container, hand hose equipped with a positive shut off nozzle, or at a commercial 0 Other - Prohibit vehicle washing except at facilities using Statewide Prohibition is Required car wash. Further, such washing is Yes recycled or recirculating water exempted from these regulations where health, safety, and welfare of the public is contingent upon frequent vehicle cleaning such as a garbage truck and vehicles used to transport food and perishables. Washing hard or paved surfaces is prohibited except to alleviate safety or 0 Other - Prohibit use of potable water for washing hard Statewide Prohibition is Required sanitary hazards using a hand held Yes surfaces container, hose with an automatic shut off device, or a low-volume high pressure cleaning machine that recycles used water. Watering vegetated areas in a manner that 0 Landscape - Restrict or prohibit runoff from landscape Statewide Prohibition is Required causes excessive water flow or runoff onto Yes irrigation an adjoining sidewalk, driveway, street, alley, clutter, or ditch is prohibited. No landscape watering shall occur within 48 hours after measurable precipitation. 0 Landscape - Other landscape restriction or prohibition Statewide Prohibition is Required "Measurable precipitation' shall mean a Yes one-quarter inch or more of rainfall within the City of Tustin within a twenty-four hour period. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four (4) days per week. Watering On-going Long Term -Conservation Savings and irrigation may only occur on Sunday, 0 Landscape -Limit landscape irrigation to specific days Measure. Not applicable to Water Shortage Tuesday, and Saturday. . Yes Contingency Plan quantifiable savings. Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to three (3) days per week. Watering and irrigation may only occur on Tuesday, Thursday, and Saturday. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? For Retail Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List Watering or irrigation with a device that is not continuously attended to is limited to On-going Long Term -Conservation Savings five (5) minutes per valve, per irrigation 0 Landscape -Limit landscape irrigation to specific times Measure. Not applicable Water Shortage day. Low flow drip type systems, water Yes Contingency Plan quantifiable savings. efficient stream rotor systems, and sensor/weather controlled systems shall be limited to (15) minutes per valve, per irriciation day. On-going Long Term -Conservation Savings Watering or irrigation of vegetated areas is 0 Landscape - Limit landscape irrigation to specific times Measure. Not applicable to Water Shortage prohibited between 8:00 a.m. and 4:00 p.m. Yes Contingency Plan quantifiable savings. except for when adjusting or repairing an irrigation system for short periods of time. Other -Customers must repair leaks, breaks, and On-going Long Term -Conservation Savings Fix all water leaks or faulty sprinklers 0 malfunctions in a timely manner Measure. Not applicable to Water Shortage immeadiately upon notification. Yes Contingency Plan quantifiable savings. On-going Long Term -Conservation Savings CII - Restaurants may only serve water 0 CII - Restaurants may only serve water upon request Measure. Not applicable to Water Shortage upon request Yes Contingency Plan quantifiable savings. On-going Long Term -Conservation Savings CII - Lodging establishment must offer opt 0 CII -Lodging establishment must offer opt out of linen service Measure. Not applicable to Water Shortage out of linen service and shall prominentlydisplay Yes Contingency Plan quantifiable savings. notice of this options in each guestroom On-going Long Term -Conservation Savings CII - Watering parks, school grounds, 0 CII - Other CII restriction or prohibition Measure. Not applicable to Water Shortage public facilities, and recreational fields are Yes Contingency Plan quantifiable savings. not permitted between the hours of 8:00 a.m. and 4:00 p.m. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? For Retail Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List Customers that utilize turf for beneficial public use may apply for an exemption from the permanent water restriction schedule. A Water Management Plan shall be provided that demonstrates specific actions that will be taken to manage potable water use On-going Long Term -Conservation Savings within the guidelines, requirements, and 0 Landscape - Other landscape restriction or prohibition Measure. Not applicable to Water Shortage conservation standards set by the State Yes Contingency Plan quantifiable savings. Water Resources Control Board or City. Designated irrigation schedules shall remain in effect until the City has reviewed and approved the customers water management plan. Exemptions may be revoked if customer does not comply or meet their defined conservation goals within the approved plan. Community Outreach and Messaging 1 Expand Public Information Campaign 3-5% (Expand Public Information Campaign to No reflect Level 1 Shortage Response Actions) 1 Expand Public Information Campaign 0-1% Encourage customers to wash only full No loads when washing dishes or clothes. 1 Expand Public Information Campaign 0-1% Encourage customers to use pool covers to No minimize evaporation. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four (4) days per week. Watering and irrigation may only occur on Sunday, Tuesday, Thursday, and Saturday. 1 Landscape - Limit landscape irrigation to specific days 5-10% Between November 1 and March 31, lawn Yes watering and landscape irrigation will be further limited to three (3) days per week. Watering and irrigation may only occur on Tuesday, Thursday, and Saturday. Increased enforcement of action. DocuSign Envelope I D: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? For Retail Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List Watering or irrigation with a device that is not continuously attended to is limited to five (5) minutes per valve, per irrigation 1 Landscape - Limit landscape irrigation to specific times 0-5% day. Low flow drip type systems, water Yes efficient stream rotor systems, and sensor/weather controlled systems shall be limited to (15) minutes per valve, per irri ation day. Expanded/Enhanced Rebate Programs 1 Provide Rebates for Landscape Irrigation Efficiency 0-1% offered through Municipal Water District of No Orange County 1 Offer Water Use Surveys 0-1% Offer Water Use Surveys No Rebates on Plumbing Fixtures and Devices 1 Provide Rebates on Plumbing Fixtures and Devices 0-1% may be offered through Municipal Water No District of Orange County Rebates for Turf Replacement may be 1 Provide Rebates for Turf Replacement 0-1% offered through Municipal Water District of No Orange County 1 Increase Water Waste Patrols 0-1% Increase Water Waste Patrols No Community Outreach and Messaging 2 Expand Public Information Campaign 3-5% (Expand Public Information Campaign to No reflect Level Shortage Response Actions) Between April 1 and October 31, lawn watering and landscape irrigation will be limited to three (3) days per week. Watering and irrigation may only occur on Tuesday, 2 Landscape - Limit landscape irrigation to specific days 5-10% Thursday, and Saturday. Between Yes November 1 and March 31, lawn watering and landscape irrigation will be further limited to two (2) days per week. Watering and irrigation may only occur on Tuesday, and Saturday. Filling or refilling ornamental lakes and ponds with potable water is prohibited. 2 Water Features - Restrict water use for decorative water 0-1% Ornamental lakes and ponds that sustain Yes features, such as fountains aquatic life of significant value and were actively managed prior to the storage declaration are exempt. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? For Retail Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List 2 Decrease Line Flushing 0-1% Decrease distribution system flushing No 2 Pools - Allow filling of swimming pools only when an 0-1% Swimming pools may only be filled when an Yes appropriate cover is in place. appropriate cover is in place. 2 Increase Water Waste Patrols 0-1% Increase Water Waste Patrols No Community Outreach and Messaging 3 Expand Public Information Campaign 3-5% (Expand Public Information Campaign to No reflect Level Shortage Response Actions) Existing pools shall not be emptied and refilled using potable water unless required 3 Pools - Allow filling of swimming pools only when an 0-1% for public health and safety purposes. Yes appropriate cover is in place. Swimming pools utilizing a cover may be topped off to prevent damage to pump and filter equipment. 3 Other water feature or swimming pool restriction 0-1% Decorative water features that use potable Yes water must be drained and kept dry. Car washing is only permitted using a 3 Other - Prohibit vehicle washing except at facilities using 0-1% commercial carwash that recirculates water Yes recycled or recirculating water or by high pressure/low volume wash s stems. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to two (2) days per week. Watering and irrigation may only occur on Tuesday 3 Landscape - Limit landscape irrigation to specific days 5-10% and Saturday. Between November 1 and Yes March 31, lawn watering and landscape irrigation will be further limited to one (1) days per week. Watering and irrigation may only occur on Tuesday. 3 Increase Water Waste Patrols 0-1% Increase Water Waste Patrols No Community Outreach and Messaging 4 Expand Public Information Campaign 3-5% (Expand Public Information Campaign to No reflect Level Shortage Response Actions) Pools shall not be emptied and refilled 4 Other water feature or swimming pool restriction 0-1% using potable water unless required for Yes public health and safety purposes. DocuSign Envelope I D: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? For Retail Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List Lawn watering and landscape irrigation will 4 Landscape - Limit landscape irrigation to specific days 5-10% be limited to one (1) days per week. Yes Watering and irrigation may only occur on Tuesday. Washing of autos, trucks, mobile homes, buses, trailers, boats, airplanes, and any other type of mobile equipment is prohibited. Washing is permitted at any 4 Other - Prohibit vehicle washing except at facilities using 0-1% time on the immediate premise of a Yes recycled or recirculating water commercial car wash. The use of water by all types of commercial car washes not using partially reclaimed or recycled water shall reduce water use in volume by twenty percent. Agriculture users and commercial nurseries shall use water only between hours of 6:00 p.m. and 6:00 a.m. and may be subject to additional restrictions if the state, regional, or city jurisdiction deems necessary. The City will make good faith efforts to inform 4 Landscape - Limit landscape irrigation to specific times 0-1% agricultural users and commercial nurseries Yes of any such restrictions. Monetary penalties will be passed through to agricultural and commercial nursery customers, if assessed by the State Water Resources Control Board, Metropolitan Water District of Southern California, or Municipal Water District of Orange County. Water Features - Restrict water use for decorative water The operation of any ornamental fountain 4 features, such as fountains 0-1% or similar structure is prohibited, even when Yes recycled water is used. Construction water shall not be used for earthwork or road construction purposes 4 Other - Prohibit use of potable water for construction and 0-1% unless authorized as a mitigation, erosion Yes dust control control, compaction or backfilling work or as required by the Air Quality Management Plan Control Measure F-4. The use of water for commercial, industrial, 4 CII - Other CII restriction or prohibition 0-1% institutional, manufacturing, or processing Yes purposes shall be essential use only. All outdoor irrigation is prohibited. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) For Retail Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List 4 Increase Water Waste Patrols 0-1% Increase Water Waste Patrols No Community Outreach and Messaging 5 Expand Public Information Campaign 3-5% ((Expand Public Information Campaign to No reflect Levels Shortage Response Actions) Water for agricultural or commercial 5 Other 0-1% nursery purposes, except for livestock Yes watering,is prohibited. 5 Landscape - Prohibit all landscape irrigation 5-10% All outdoor irrigation is prohibited. Yes Watering of all golf course areas is 5 Landscape - Prohibit certain types of landscape irrigation 0-1% prohibited with the exception of plant Yes material, or turf classified to be rare or exceptioanfly valuable. Watering of parks, school grounds, public facilities, and recreation fields is prohibited 5 Landscape - Prohibit certain types of landscape irrigation 0-1% with the exception of plant material Yes classified to be rare, exceptionally valuable, or essential to the well being of rare animals. Moratorium or Net Zero Demand Increase 5 Moratorium or Net Zero Demand Increase on New 0-1% on New Connections. Construction meters, Yes Connections or permits for new water service connections will not be issued. Water use from fire hydrants shall be 5 Other 0-1% limited to firefighting or related activities Yes necessary to maintain public health, safety, and welfare of the public. Other - Prohibit vehicle washing except at facilities using Commercial car washing facilities shall 5 recycled or recirculating water 0-1% reduce water usage by a volume of fifty Yes percent. 5 Increase Water Waste Patrols 0-1% Increase Water Waste Patrols Yes DocuSign Envelope I D: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-2: Demand Reduction Actions IF Reduction Actions Penalty, Charge, or Shortage Drop down list How much is this going to reduce the shortage gap? Additional Explanation or Reference Other Enforcement? For Retail Level These are the only categories that will be accepted by the Include units used (volume type or percentage) (optional) Suppliers Only WUEdata online submittal tool Select those that apply. Drop Down List Community Outreach and Messaging 6 Expand Public Information Campaign 3-5% (Expand Public Information Campaign to No reflect Level Shortage Response Actions) 6 Other 0-1% Waterfor air conditioning is prohibited Yes 6 Landscape - Prohibit all landscape irrigation 0-5% All irrigation is prohibited. The City may Yes shut off all non-essential water services. Water for commercial, manufacturing, or processing purposes shall be reduced in 6 CII - Other CII restriction or prohibition 0-15% volume by up to 50% or exceeded if Yes necessary for public health and safety u oses. Water use for public health and safety 6 Other 0-70% purposes only. Customer rationing maybe Yes implemented. NOTES: DocuSign Envelope I D: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Submittal Table 8-3: Supply Augmentation and Other Actions Supply Augmentation Methods and Other Actions by Water Supplier How much is this going to reduce the Additional Explanation or Reference Shortage Level Drop down list shortage gap? Include units used (optional) These are the only categories that will be accepted (volume type or percentage) by the WUEdata online submittal tool Additional imported water purchases through 1 through 6 Other Purchases 0-100% MWDOC Additional groundwater pumping in the 1 through 6 Other Purchases 0-100% Orange County Groundwater Basin NOTES: Additional imported water and groundwater pumping may be subject to rate penalties from MWDOC and OCWD, respectively. DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Appendix r Tustin Municipal Code Chapter 10 Water Management Plan Below is the weblink to the current ordinance (last accessed on May 12, 2021) https:Hlibrary.municode.com/ca/tustin/codes/code of ordinances? node ld=ART4HESA CH10WAMAPL DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Appendix r Notice of Public Hearing (Pending) DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Appendix f Adopted WSCP Resolution (Pending)