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HomeMy WebLinkAbout07 SECOND READING AND ADOPTION OF ORDINANCE NO. 1516 (WATER SHORTAGE CONTINGENCY PLAN) DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F Agenda Item 7 AGENDA REPORT Reviewed: °S City Manager Finance Director N/A MEETING DATE: DECEMBER 7, 2021 TO: MATTHEW S. WEST, CITY MANAGER FROM: ERICA N. YASUDA, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1516 (WATER SHORTAGE CONTINENCY PLAN) SUMMARY: Adoption of Ordinance No. 1516 approves updating the Water Management Plan to incorporate changes outlined in the 2020 WSCP. The changes are the result of the California Legislature amending the Urban Water Management Planning Act in 2018 which, 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). RECOMMENDATION: That the City Council: 1 . Have second reading by title only and adoption of Ordinance No. 1516. BACKGROUND: On November 16, 2021 , the City Council had first reading by title only of the following Ordinance: 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 Attachment: 1 . Ordinance No. 1516 DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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. 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 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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. 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 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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: 1 . 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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 Comply. 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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 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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F 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