A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 8A OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATED TO THE WATER CONSERVATION PLAN

There are no direct fiscal impacts associated with the adoption of this Ordinance. Proposed updates to Chapter 8A are required to comply with the California Water Code. Indirectly, reduced potable water sales resulting from conservation efforts may decrease Water Fund revenues while also reducing operational costs. There are no revisions to the current schedule of fees and charges being proposed at this time. Any future fiscal impacts will be incorporated and assessed in the City’s next comprehensive Rate Study. There is no impact to the General Fund.

The City’s Water Conservation Plan under Chapter 8A of Title 6 of the Ontario Municipal Code is intended to promote long-term water use efficiency, prevent water waste, and minimize the potential for water shortages and associated impacts to the City’s customers through the practice of water conservation and responsible resource management. The City is required to maximize the beneficial use of its available water resources to the extent to which they are capable. Waste or unreasonable use of water shall be prevented, and conservation shall be practiced to ensure that water is used reasonably and beneficially in the best interest of the people of the City.

The City’s Water Conservation Plan originally went into effect in June 2009 and was last amended in October 2021. In October 2023, the enactment of Assembly Bill 1572 Potable Water: Nonfunctional Turf, amended sections 10608.12 and 10608.14 of the California Water Code, requiring water suppliers to include the prohibition on potable water usage on commercial, industrial, and institutional nonfunctional turf within their policies governing water service. In support of these requirements, the City has also considered guidance documents and implementation strategies, including industry best practices for landscape conversion, irrigation efficiency, and long-term compliance with nonfunctional turf regulations, to ensure a consistent and practical approach to implementation.

The proposed amendments to the Water Conservation Plan include revisions necessary to comply with Sections 10608.12 and 10608.14 of the California Water Code. In addition to these required updates, Staff recommends amendments to strengthen the City’s ability to address water waste and promote efficient water use. These amendments include incorporating select Stage 1 conservation measures into the General Prohibitions section, establishing consistent year-round practices that help reduce water waste and support efficient water use. Establishing these measures as ongoing requirements supports compliance with the State’s long-term water efficiency framework established by Senate Bill 606 and Assembly Bill 1668, while providing the City greater flexibility to manage water resources without the need to formally declare a drought stage. The proposed amendments also align with regional conservation best practices, improve the City’s ability to prevent water waste, and promote responsible stewardship of limited water resources. While the Water Shortage Contingency Plan continues to include the six water shortage stages required by Section 10632 of the California Water Code, these amendments establish baseline conservation measures that remain in effect regardless of drought conditions. The proposed General Prohibitions in the Ordinance update would establish the following permanent water conservation requirements:

• Prohibit water runoff from landscaped areas onto streets, sidewalks, and other paved surfaces resulting from excessive irrigation or improperly maintained irrigation systems.
• Prohibit the washing of sidewalks, walkways, driveways, parking areas, and other paved surfaces, except when necessary for health or sanitary purposes. Any handheld hose used for such purposes must be equipped with a positive shutoff nozzle.
• Prohibit the use of potable water to irrigate nonfunctional turf on commercial, industrial, institutional, and certain common-area properties in accordance with the phased implementation schedule established by State law, beginning January 1, 2027.

State compliance dates:

• January 1, 2027 – State-owned, local government, public agency, and public water system properties.
• January 1, 2028 – Commercial, industrial, and remaining institutional properties.
• January 1, 2029 – Common areas maintained by HOAs, common interest developments, and community service organizations.
• January 1, 2031 – Public properties located within disadvantaged communities, or upon the availability of State funding, whichever occurs later.

To assist residents and businesses with the successful implementation of these water restrictions, there are water savings rebate programs available, free water use efficiency programs, and free landscape workshops, which can be found on the City’s website under the Municipal Utilities Company at www.OntarioWaterWise.org.

Staff and Legal reviewed proposed changes to Chapter 8A, ensuring it meets state requirements. Staff recommends adoption of the proposed changes to the City’s municipal code.

ENVIRONMENTAL REVIEW: The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15378 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).