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HomeMy WebLinkAbout19G - DROUGHT UPDATEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: UPDATE ON DROUGHT CONDITIONS AND WATER SUPPLY (STRATEGIC PLAN NO. 5,2) CITY MANAGE Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Last year, Santa Ana's Water Resources Division launched a comprehensive campaign called "Every Drop Counts: Let's Not Waste It." The campaign was designed to educate the community about the drought, Santa Ana's Level 2 Water Shortage requirements, and methods to conserve water and help the City to reach its twelve percent conservation target. Under this campaign, staff used every possible channel for outreach including: • Bill inserts and newsletter articles • Posted online articles and published water saving tips • Attended over 150 public events • Organized a water conservation poster contest • Distributed water conservation kits • Installed street light banners advocating water conservation The community responded to the City's call for conservation and achieved nearly twenty percent water conservation levels; far outpacing the State - mandated twelve percent conservation level. On August 2, 2016, the City Council approved Resolution No. 2016 -071 (Exhibit 2) rescinding and scaling back Phase 2 Water Supply conservation measures by declaring a Phase 1 Water Supply Shortage, and applying less restrictive water use prohibitions pursuant to Santa Ana Municipal Code section 39 -105. The Resolution and accompanying staff report presented a thorough and concise recitation of recent administrative and regulatory actions relating to conservation during this historic drought. Specifically, staff performed the State's required water supply stress test and determined that the City is able to meet one hundred percent of the community's water demands. 19G -1 Update On Drought Conditions And Water Supply September 6, 2016 Page 2 The target for Citywide conservation was reduced with the enactment of this resolution. Previously, the City's conservation target was a twelve percent reduction below 2013 use. It is now a three percent reduction below 2013 use. Nonetheless, appropriate and significant water use restrictions remain in effect for both residents and businesses. The attached flyer (Exhibit 1) will be distributed in upcoming utility bills to all City utility customers to keep them well informed on our conservation efforts as a community and their important role in using water resources responsibly. There is no way to forecast whether this most recent drought will persist, nor the duration or degree, but caution and conservation are warranted until such time as water supply exceeds water demand for the foreseeable future. As the Governor's most recent Executive Order (Exhibit 3) on this matter (Executive Order B- 37 -16, May 9, 2016) explained: And, "( D]rought conditions may persist in some parts of the state into 2017 and beyond, as warmer winter temperatures driven by climate change reduce water supply held in mountain snowpack and result in drier soil conditions;" [T]hese ongoing drought conditions and our changing climate require California to move beyond temporary emergency drought measures and adopt permanent changes to use water more wisely and to prepare for more frequent and persistent periods of limited water supplyGT' Staff thanks Council for their continued leadership in communicating this important message to the community. Staff will continue to update Council and provide guidance and support to our community and ratepayers as the City remains their partner in conservation and environmental stewardship. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT 19G -2 Update On Drought Conditions And Water Supply September 6, 2016 Page 3 There is no fiscal impact associated with this action. a Fr d M usavipour Executive Director Public Works Agency FM /NS EXHIBITS: 1. Ratepayer Flyer and Bill Insert — "Water Use Efficiency Program" 2. Council Resolution No. 2016 -071 3. Executive Order B -37 -16 19G -3 19G -4 44 M �- J ® Outdoor watering is restricted to`k than three days per week and only the hours of 6 p.m. and 6 a.m.* 6 Leaks must be repaired within 48 hours notification by the City. it No washing down sidewalks or driveways, t No excessive water flow or runoff that causes water to flow onto an adjoining sidewalk, p *ire` rlvivm *rav c +res +'H." n.r + +.N n''H+rh . grits, cafes and bars can only serve customers on request. Hotels and motels must prominently display a notice providing guests with the option of choosing not to have towels and linens laundered daily. Dry conditions in California have eased, Will someone monitor my water use? CIF No. It is your responsibility to monitor your own use. in the future, once new electronicwater meters are installed, you will be able to monitor your water use. In the meantime, reduce your outdoor watering and indoor water use. Will I be cited by the City's Community Preservation Division if my front yard lawn turns yellow? No You will not be cited for complying with the City's current outdoor watering restrictions. However, all other code violations will continue to be cited. I am interested in replacing my lawn with something else. What can 1 do? You can visit www, santa- ana.org /waterconservation for sample designs, ideas, training, guidelines, and other resources, including a link to our Turf Removal Program offered through Metropolitan Water District (MWD), which provides rebates of up to $2.00 per square foot of grass removed and replaced with drought tolerant landscape. If you do not have access to the Internet, give us a call at (714) 647 -3500. How about the parkway, am l responsible for that too? Yes. Although the parkway is in the City's right of way, it Is the property owner's responsibility to maintain and keep it clean. Icy neighbor is always wasting water. What is the City doing about it? There are ways to report water wasting. You can call our water hotline at (714) 647 -3500, email us at conservewater @santa- ana,org, or use our MySantaAna smart phone app. Please try to include the exact location and pictures. I've seen water flowing in streets and other public areas. What is the City of Santa Ana doingto conserve water? The City is held to the same restrictions as residents and businesses. We have stopped watering ornamental turf on public street medians as well as Flushing our fire hydrants unless necessary to maintain water quality. We. also moved to a two -day watering schedule (evenings only) for all public building landscapes and parks. If you ever see water being wasted by the City, please use the ways mentioned above to report them. I live in an apartment; do I need to cut back on my water use too? Yes! Living in an apartment or a house makes no a difference when it comes to water conservation. You can focus: on reducing your indoor water use like washing only full loads of laundry and dishes, taking shorter showers, and shutting off the water while brushing your teeth and shaving. Visit the sites listed above for more ways on how to conserve water indoors. have fixed all leaks and fine -tuned my irrigation system, what else can I do? We all can do more. Look for opportunities to conserve water throughout your home and in your daily routines, including washing hands, taking showers, and doing the laundry. Keep in mind, whenever water flows from the faucet to the drain with nothing in between, you are wasting water! o h2ou"se.o •, h2ocans� e.org 19G' -6 Jmf06/29/2010 RESOLUTION NO. 2016 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LOWERING THE CITY'S DROUGHT WATER CONSERVATION STANDARD FROM TWELVE PERCENT (12 %) TO THREE PERCENT (3 %) AND DECLARING THE EXISTENCE OF A PHASE 1 WATER SUPPLY SHORTAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 1, 2015, Governor Jerry Brown issued an executive order to cities and towns across California to cut water use by 25% as part of a sweeping set of mandatory drought restrictions in response to record -low water levels in the state's rivers and reservoirs as well as an abnormally small snowpack. B. Based on Governor Brown's mandate, the State Water Resources Control Board approved emergency regulations assigning mandatory water conservation standards ranging from 4% to 36% to individual water suppliers, including the Water Resources Division of the City of Santa Ana. C. Under these regulations, effective June 1, 2015, the City of Santa Ana was required to reduce its monthly total potable water production by 12 %, using 2013 as the base year. D. On June 2, 2015, by Resolution No. 2015 -025, in accordance with Santa Ana Municipal Code section 39 -105 and Water Code sections 350 through 353, and following a duly noticed public hearing, the City Council of the City Santa Ana, as the governing body of the City of Santa Ana Water Resources Division, declared a Phase 2 Water Supply Shortage and implemented additional regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use to conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. By the same Resolution, water customers were ordered to reduce their monthly total potable water consumption by 12 %, using 2013 as a base year. E. Pursuant to Santa Ana Municipal Code section 39 -105 and Water Code section 355, the Phase 2 Water Supply Shortage shall remain in effect EXHIBIT 2 Resolution No. 2016 -071 Page 1 of 5 19G -7 until the water supply shortage has ended or until another phase has been implemented. F. On November 15, 2015, Governor Brown extended water conservation measures through October 31, 2016. G. With California still experiencing severe drought despite recent rains, on February 2, 2016, the State Water Resources Control Board adopted an extended and revised emergency regulation to ensure that urban water conservation continues in 2016. H. Effective March 1, 2016, the City of Santa Ana's conservation standard was lowered by the State Water Board based on credits for its participation in and use of water from the Orange County Water District's Groundwater Replenishment System, which is considered a new local, drought - resilient water supply by the Board. On May 9, 2016, Governor Brown issued a new executive order directing actions aimed at using water wisely, reducing water waste, and improving water use efficiency. This executive order, in part, directed the State Water Board to further amend and extend the emergency drought regulations for urban water conservation through the end of January 2017. J. On May 18, 2016, the State Water Board adopted an extended and revised emergency regulation to replace the February 2, 2016 regulation. This regulation will be in effect through January 2017 and requires that local water suppliers calculate their own conservation standards based on a "stress test ", which requires them to prove they have sufficient water supplies to withstand three years of continuous drought, or take additional measures that include mandatory conservation targets. K. While under these standards, the City of Santa Ana's conservation standard is 0 %, the State Water Board has stressed the overall need to continue water savings. Consistent with this approach, and the positive response by City residents to earlier conservation measures, the City's original conservation standard of 12% may now be reduced to 3 %. L. Additionally, a Phase 1 Water Supply Shortage may now be implemented, in accordance with Santa Ana Municipal Code section 39 -105 and Water Code sections 350 through 353, following a duly noticed public hearing. Pursuant to Water Code sections 351 and 352, and Government Code section 6061, the City of Santa Ana, at least seven days prior to the date of hearing, published in a newspaper of general circulation notice of the time and place of the public hearing of such declaration that was held on Resolution No, 2016 -071 Page 2 of 5 19G -8 imf 06/29/2016 August 2, 2016, at which customers had an opportunity to be heard to protest against the declaration and to present their respective needs to the City Council. Section 2. Water customers served by the City of Santa Ana Water Resources Division are ordered to reduce their monthly total potable water consumption by 3 %, using 2013 as the base year. Section 3. Pursuant to Santa Ana Municipal Code section 39 -105, and Water Code sections 350 and 353, the City Council hereby declares a Phase 1 Water Supply Shortage and implements additional regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. Section 4. The additional mandatory regulations and restrictions on the delivery of water and the consumption of water within the City are those identified in section 39 -107 of the Santa Ana Municipal Code, as repeated here for convenience: (1) Restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day or Monday, Thursday, and Saturday. Such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) The watering of lawn, landscape or other turf areas of commercial nurseries or golf courses shall be allowed between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the base year as set by council, such percentage to be determined by city council and set forth in the resolution declaring Phase 1. There shall be no restriction on the use of reclaimed water under this provision. (4) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy -two (72) hours of notification by the City, unless other arrangements are made with the City. Section 5. The City Council has the right to deny applications for new or additional service connections, and has the power to enforce the regulations and Resolution No. 2016.071 Page 3of5 19G -9 restrictions by discontinuing service to consumers willfully violating the regulations and restrictions. Section 6. The restrictions in this Resolution shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution. Section 7. All water customers are urged to reduce water usage by following water conservation practices inside and outside the home. Section 8. Business owners are encouraged to take steps to improve their water use processes. Section 9. The City encourages infrastructure upgrades to the water system involving (1) technology which provides up -to -date use information and trends to residents and business owners through a web -based customer engagement system, and (2) leak detection systems which allow early detection of water leaks to minimize waste and conserve water. Section 10. The City Council agrees to support actions that address current drought conditions and calls for increased awareness and extraordinary conservation of our precious resource. Section 11. This Resolution shall flake effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2n° day of August, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ��" r ° a By; iVV .A- — JcMn M. Funk Assistant City Attorney Resolution No. 2016 -071 Page 4 of 6 19G -10 )mf 06/29/2016 AYES: Councilmembers: Benavides, Martinez, Pulido, Reyna, Tinaierc (5) NOES: Councilmembers: ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Amezcua, Sarmiento (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2016 -071 to be the original resolution adopted by the City Council of the City of Santa Ana on August 2, 2016. Date: Clerk of the Council City of Santa Ana Resolution No. 2016 -071 Page 5 of 5 19G -11 19G -12 + rcuitu� :40gatjtttent 9ttttr of TnI furttia EXECUTIVE ORDER B -37 -16 MAKING WATER CONSERVATION A CALIFORNIA WAY OF LIFE WHEREAS California has suffered through a severe multi -year drought that has threatened the water supplies of communities and residents, devastated agricultural production in many areas, and harmed fish, animals and their environmental habitats; and WHEREAS Californians responded to the drought by conserving water at unprecedented levels, reducing water use in communities by 23.9% between June 2015 and March 2016 and saving enough water during this period to provide 6.5 million Californians with water for one year; and WHEREAS severe drought conditions persist in many areas of the state despite recent winter precipitation, with limited drinking water supplies in some communities, diminished water for agricultural production and environmental habitat, and severely - depleted groundwater basins; and WHEREAS drought conditions may persist in some parts of the state into 2017 and beyond, as warmer winter temperatures driven by climate change reduce water supply held in mountain snowpack and result in drier soil conditions; and WHEREAS these ongoing drought conditions and our changing climate require California to move beyond temporary emergency drought measures and adopt permanent changes to use water more wisely and to prepare for more frequent and persistent periods of limited water supply; and WHEREAS increasing long -term water conservation among Californians, improving water use efficiency within the state's communities and agricultural production, and strengthening local and regional drought planning are critical to California's resilience to drought and climate change; and WHEREAS these activities are prioritized in the California Water Action Plan, which calls for concrete, measurable actions that "Make Conservation a California Way of Life" and "Manage and Prepare for Dry Periods" in order to improve use of water in our state. EXHIBIT 3 1 9 -13 NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular California Government Code sections 8567 and 8571, do hereby issue this Executive Order, effective immediately. IT IS HEREBY ORDERED THAT: The orders and provisions contained in my January 17, 2014 Emergency Proclamation, my April 25, 2014 Emergency Proclamation, Executive Orders B- 26 -14, B- 28 -14, B- 29 -15, and B -36 -15 remain in full force and in effect except as modified herein. State agencies shall update temporary emergency water restrictions and transition to permanent, long -term improvements in water use by taking the following actions. USE WATER MORE WISELY 1. The State Water Resources Control Board (Water Board) shall, as soon as practicable, adjust emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions across the state. To prepare for the possibility of another dry winter, the Water Board shall also develop, by January 2017, a proposal to achieve a mandatory reduction in potable urban water usage that builds off of the mandatory 25% reduction called for in Executive Order B -29 -15 and lessons learned through 2016. 2. The Department of Water Resources (Department) shall work with the Water Board to develop new water use targets as part of a permanent framework for urban water agencies. These new water use targets shall build upon the existing state law requirements that the state achieve a 20% reduction in urban water usage by 2020. (Senate Bill No. 7 (7th Extraordinary Session, 2009- 2010).) These water use targets shall be customized to the unique conditions of each water agency, shall generate more statewide water conservation than existing requirements, and shall be based on strengthened standards for: a. Indoor residential per capita water use; b. Outdoor irrigation, in a manner that incorporates landscape area, local climate, and new satellite imagery data; c. Commercial, industrial, and institutional water use; and d. Water lost through leaks. The Department and Water Board shall consult with urban water suppliers, local governments, environmental groups, and other partners to develop these water use targets and shall publicly issue a proposed draft framework by January 10, 2017. 3. The Department and the Water Board shall permanently require urban water suppliers to issue a monthly report on their water usage, amount of conservation achieved, and any enforcement efforts. ELIMINATE WATER WASTE 4. The Water Board shall permanently prohibit practices that waste potable water, such as: Hosing off sidewalks, driveways and other hardscapes; o Washing automobiles with hoses not equipped with a shut -off nozzle; • Using non - recirculated water in a fountain or other decorative water feature; • Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and • Irrigating ornamental turf on public street medians. 5. The Water Board and the Department shall direct actions to minimize water system leaks that waste large amounts of water. The Water Board, after funding projects to address health and safety, shall use loans from the Drinking Water State Revolving Fund to prioritize local projects that reduce leaks and other water system losses. 6. The Water Board and the Department shall direct urban and agricultural water suppliers to accelerate their data collection, improve water system management, and prioritize capital projects to reduce water waste. The California Public Utilities Commission shall order investor -owned water utilities to accelerate work to minimize leaks. 7. The California Energy Commission shall certify innovative water conservation and water loss detection and control technologies that also increase energy efficiency. STRENGTHEN LOCAL DROUGHT RESILIENCE The Department shall strengthen requirements for urban Water Shortage Contingency Plans, which urban water agencies are required to maintain. These updated requirements shall include adequate actions to respond to droughts lasting at least five years, as well as more frequent and severe periods of drought. While remaining customized according to local conditions, the updated requirements shall also create common statewide standards so that these plans can be quickly utilized during this and any future droughts. The Department shall consult with urban water suppliers, local governments, environmental groups, and other partners to update requirements for Water Shortage Contingency Plans. The updated draft requirements shall be publicly released by January 10, 2017. A ..- r., „_A 10. For areas not covered by a Water Shortage Contingency Plan, the Department shall work with counties to facilitate improved drought planning for small water suppliers and rural communities. IMPROVE AGRICULTURAL WATER USE EFFICIENCY AND DROUGHT PLANNING 11.The Department shall work with the California Department of Food and Agriculture to update existing requirements for Agricultural Water Management Plans to ensure that these plans identify and quantify measures to increase water efficiency in their service area and to adequately plan for periods of limited water supply. 12.The Department shall permanently require the completion of Agricultural Water Management Plans by water suppliers with over 10,000 irrigated acres of land. 13. The Department, together with the California Department of Food and Agriculture, shall consult with agricultural water suppliers, local governments, agricultural producers, environmental groups, and other partners to update requirements for Agricultural Water Management Plans. The updated draft requirements shall be publicly released by January 10, 2017. The Department, Water Board and California Public Utilities Commission shall develop methods to ensure compliance with the provisions of this Executive Order, including technical and financial assistance, agency oversight, and, if necessary, enforcement action by the Water Board to address non - compliant water suppliers. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 9th day of May 2016. LM Governor of California ALEX PADILLA Secretary of State