HomeMy WebLinkAbout55C - RESO - DECLARE WATER CONSERVATION LEVEL 1REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 16, 2014
TITLE:
RESOLUTION DECLARING A WATER
CONSERVATION LEVEL 1 WATER
SHORTAGE
CITY ANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 10 Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution declaring a Water Conservation Level 1 Water Shortage and implement
mandatory Level 1 conservation measures.
DISCUSSION
California is in the midst of one of its worst droughts in history. On January 17, 2014, Governor
Brown proclaimed a Drought State of Emergency and directed all state officials to take necessary
actions to alleviate and prepare for the drought. In addition, the Governor called for accelerated
water conservation efforts throughout the state.
The water supply situation throughout most of the state remained so dire that in early February
2014, due to extremely low snowpack levels in the Sierra watershed, the California Department of
Water Resources (DWR) declared an unprecedented zero water supply allocation from the State
Water Project (SWP). The SWP provides approximately one -fourth of all water used in Southern
California. Additionally, on February 11, 2014, the Metropolitan Water District (MWD) Board of
Directors declared a Water Supply Alert throughout Southern California in response to the
statewide drought, and urged all water agencies in the region to achieve extraordinary
conservation during this unprecedented dry period. As part of this action, MWD requested that all
water agencies activate their conservation ordinances to an appropriate stage and actively
promote additional voluntary customer conservation.
On July 15, 2014, the California State Water Resources Control Board (SWRCB) passed
Resolution 2014 -0038 adopting emergency regulations for statewide urban water conservation.
These regulations apply to all urban water suppliers, which include the City of Santa Ana, and
require that urban water suppliers activate conservation plans to the level that imposes mandatory
outdoor irrigation restrictions.
While most of the state is experiencing major supply deficiencies, the City of Santa Ana is fortunate
to supply water from a well- managed aquifer with sufficient reserves to avert formal water
55C -1
Resolution Declaring a Water Conservation
Level 1 Water Shortage
September 16, 2014
Page 2
rationing. The City proactively adopted Ordinance No. NS -2781 in April of 2009 to establish
permanent water conservation measures to be in effect at all times, as well as measures to be
enacted in the event that a water shortage is declared at severity levels 1, 2 or 3.
The City is already in compliance with most of the requirements of the SWRCB resolution and
corresponding regulations that were recently passed, except for the mandatory conservation
measures. Full compliance will be achieved by declaring a Level 1 Water Shortage. Adoption of
this resolution will establish the following as mandatory measures for all water users:
1. Restrict watering lawn, landscape, or other turf areas to every other day between 6:00 p.m.
and 6:00 a.m.
2. Restrict commercial nurseries and golf courses to watering between 6:00 p.m. and 6:00
a.m.
3. Establish a mandatory 3 percent conservation rate for all consumers, as compared to the
same billing period in previous year.
4. Require that all water leaks, breaks, or other malfunctions in plumbing systems be repaired
within 72 hours.
The adoption of this resolution will also establish enforcement measures and penalties for not
meeting the established 3 percent overall water use reduction: (1) The first violation will result in a
notice to the customer; (2) a second violation will result in a 15 percent surcharge on customer's
water bill; and (3) a third violation will result in the installation of a water flow restrictor. Customers
may request relief from compliance.
As California's record dry conditions persist, the City of Santa Ana, as a steward of a valuable
water resource, needs to increase public awareness and understanding of this critical issue and
inform residents and business owners of the heightened mandate to conserve water. Adopting this
resolution will be a significant step toward encouraging efficient water use and conservation
practices.
In support of these endeavors, City staff will intensify ongoing public education efforts on drought
awareness and water conservation practices. The City's Public Works Agency Water Enterprise
annually budgets for Water Conservation Program activities, which include organizing and
attending public outreach events, and offering water conservation rebates.
STRATEGIC PLAN ALIGNMENT
Approval of 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); and, Objective #6 (focus projects and programs on improving the
health and wellness of all residents), Strategy F (incorporate health and wellness into all applicable
policies and plans).
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Resolution Declaring a Water Conservation
Level 1 Water Shortage
September 16, 2014
Page 3
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The cost of reproduction and mailing of the required special notice (letter and informational insert)
to all customers via the US Postal Service is estimated to be $30,000. The cost is an approved
expense in compliance with Proposition 218 guidelines. Funds are available in the Water
Enterprise - Water Administration and Engineering Fund (Account No. 06017645 62300).
Edwin "William" Calve
Interim Executive Dire
Public Works Agency
EWG /NS /RR
Exhibits: 1. Resolution
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55C -3
55C -4
JXS 9/02/2014
RESOLUTION NO.2014 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING A LEVEL 1 WATER SHORTAGE
WHEREAS, on April 20, 2009, the City Council of the City of Santa Ana (City
Council) adopted Ordinance No. NS -2781, entitled "An Ordinance of the City of Santa
Ana Amending Chapter 39 of the Santa Ana Municipal Code relating to the
Conservation of the Public Water Supply;" and
WHEREAS, the City's 2009 ordinance relating to the Conservation of the Public
Water Supply establishes certain permanent prohibitions regarding wasteful uses of
water and establishes increased levels of conservation depending on the severity of
water shortage conditions or other water supply reductions; and
WHEREAS, California is currently in the midst of its third consecutive drought
year; Governor Brown proclaimed a Water Drought State of Emergency in mid January;
and the Metropolitan Water District declared a Water Supply Alert in February, urging
the re- activation of local conservation ordinances and calling for additional voluntary
conservation; and
WHEREAS, on April 25, 2014, Governor Edmund G. Brown Jr. issued an
executive order to strengthen the state's ability to manage water and habitat effectively
in drought conditions; and
WHEREAS, on July 15, 2014, the State Water Resources Control Board adopted
Resolution No. 2014 -0038, entitled `To Adopt An Emergency Regulation for Statewide
Urban Water Conservation" encouraging water suppliers to educate customers and
employees on the current drought conservation methods being requested, to increase
local water supplies and reservoir levels through system improvements to prevent water
loss and /or decrease consumer water demand, and calls on all Californians to reduce
water consumption; and
WHEREAS, there exists a serious statewide water supply shortage and
additional demand reduction is necessary to preserve limited supplies and to make
more efficient use of water resources; and
WHEREAS, there is no guarantee that winter precipitation will alleviate the
drought conditions that the State Executive Orders address, which will lead to even
more severe impacts across the State if the drought wears on; and
Resolution No, 2014 -xxx
Page 1 of 4
ti
WHEREAS, the current water supply conditions warrant activation of the Water
Conservation Level 1 Water Shortage stage of the City's Water Conservation
Ordinance, in accordance with Section 39 -107 of the City Municipal Code, to help
mitigate drought impacts by implementing augmented water use restrictions in addition
to the permanent measures already in place.
NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds,
determines and declares as follows that:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated by reference.
Section 2. The City's water supply is in a Water Conservation Level 1 Water
Shortage.
Section 3. In addition to the permanent water conservation requirements in
place, all mandatory Water Conservation Level 1 measures will be implemented as
described in Section 39 -107. Specifically, the following water conservation requirements
apply during a declared level 1 water shortage:
A. Restrictions on watering lawn, landscape or other turf areas shall be modified
to prohibit watering more often than every other day and 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.
B. 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.
C. No customer shall make, cause, use or permit the use of water for any
purpose in excess of ninety seven percent (97 %) of the amount used in the
customer's premises during the corresponding billing period of the base year.
For existing customers, the "base year" shall be measured by taking into
account the prior six (6) billing periods from the effective date of this
resolution. For example, for purposes of comparison, a billing period that
covers the months of June -July will be compared to the closest corresponding
billing cycle of the base year. For new customers, the "base year" shall be
measured by taking into account the first six (6) billing periods. There shall be
no restriction on the use of reclaimed water under this provision.
D. 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.
Resolution No. 2014 -xxx
Page 2 of 4
55C -6
Section 4. No water customer shall use water in excess of ninety seven
percent (97 %) of the corresponding billing period of the base year. For existing
customers, the "base year" shall be measured by taking into account the prior six (6)
billing periods from the effective date of this resolution. For example, for purposes of
comparison, a billing period that covers the months of June -July will be compared to the
closest corresponding billing cycle of the base year. For new customers, the "base
year" shall be measured by taking into account the first six (6) billing periods.
Section 5. All customers are urged to reduce water usage by following water
conservation practices inside and outside the home.
Section 6. Business owners are encouraged to take steps to improve their
water use processes.
Section 7. 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 8. The City Council agrees to support actions which deal with the
current drought conditions and calls for increased awareness and extraordinary
conservation of our precious resource.
Section 9. Certification. This Resolution shall take effect September _ upon
its adoption by the City Council and publication in a newspaper of General Circulation
within the City, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of 2014.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
M
Jose Sandoval,
Chief Assistant City Attorney
5dC -7
Miguel A. Pulido
Mayor
Resolution No. 2014 -xxx
Page 3 of 4
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Cou
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
55C -8
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -xxx
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