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Home My WebLink About75B - PH - PHASE 2 WATER SUPPLY SHORTAGEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 2, 2015 TITLE: PUBLIC HEARING TO ADOPT A RESOLUTION DECLARING A PHASE 2 WATER SUPPLY SHORTAGE (STRATEGIC PLAN NOS. 5, 2 & 5, 6, F) CITY MANAGE ffiwsas� 104"" RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ` -- ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FIDE NUMBER Adopt a resolution declaring Phase 2 Water Supply Shortage and implement mandatory Phase 2 Water Supply Shortage measures, which include setting a bimonthly water conservation standard of 12 percent as compared to Base Year 2013 water usage. DISCUSSION City Council is authorized to declare a Phase 2 Water Supply Shortage by resolution, pursuant to Santa Ana Municipal Code (SAMC) Section 39 -105. Upon adoption, further restrictions on water use will apply, in addition to permanent water conservation requirements already in effect. These restrictions are set forth in SAMC 39 -108 and are intended to help the City reduce its monthly total potable water production by 12 percent, using 2013 as the base year, as required by the State of California Drought Emergency Water Conservation regulations. The Phase 2 Water Supply Shortage will be in effect until the City Council declares that shortage has ended or until another phase is implemented. Phase 2 Water Supply Shortage On September 18, 2014 the City Council declared a Level 1 Water Shortage that instituted a mandatory water use reduction of 3 percent, imposed a three -day watering schedule, and required that leaks be fixed within 72 hours. On May 19, 2015, the City Council held a public hearing to amend the City's Water Shortage Contingency and directed staff to activate the Phase 2 Water Supply Shortage. The Phase 2 Water Supply Shortage declaration will put into effect the following water conservation requirements: 7513-1 Notice of Public Hearing to Declare Phase 2 Water Supply Shortage June 2, 2015 Page 2 1. Watering lawn, landscape, or other turf areas shall be modified to prohibit watering more often than two days per week or Mondays and Thursdays. 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. It is prohibited to water lawn, landscape, or other turf areas of commercial nurseries or golf courses more often than every other day and watering shall only occur between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. 3. It is prohibited to use water from fire hydrants except for firefighting and related activities. Other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety, and welfare. 4. 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 2 water supply shortage. There shall be no restriction on the use of reclaimed water under this provision. 5. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty -eight (48) hours of notification by the City, unless other arrangements are made with the City. 6. Re- filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75B -2 Notice of Public Hearing to Declare Phase 2 Water Supply Shortage June 2, 2015 Page 3 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 $34,000, This cost is an approved expense in compliance with Proposition 210 guidelines. Funds are available in the Water Enterprise -Water Administration and Engineering Fund account (No. 06017645 - 02300), .r , ^• --. 'Fr4 Mousavipour Executive Director Public Works Agency FMlNS Exhibits; 1. Resolution Francisco Gutierrez Executive Director Finance & Management Services Agency ,fir 75B -3 75B -4 Jxs 05/26/2015 RESOLUTION N0, 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE EXISTENCE OF A PHASE 2 WATER SUPPLY SHORTAGE AND ORDERING THE REDUCTION OF WATER CONSUMPTION BY AT LEAST TWELVE PERCENT (12 %) 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, the first in state history. B. On April 1, 2015, State water officials measured the lowest April 1 snowpack in more than 60 years of record - keeping in the Sierra Nevada. C. On April 14, 2015, the Governing Board of the Metropolitan Water District ( "MWD ") took action to reduce water deliveries to its member agencies, including the City of Santa Ana, effective July 1, 2015. D. Because of the action taken by the MWD, beginning July 1, 2015, the City's water deliveries will be reduced by 15 %. E. The MWD action also includes heavy surcharges for member agencies that exceed their allocations. The surcharge will be roughly four times the normal price of an acre foot of water for use beyond the allocated amount. F. The State of California's Drought Emergency Water Conservation regulations provide that the City of Santa Ana must reduce its monthly total potable water production by 12 %, using 2013 as the base year. G. Santa Ana Municipal Code section 39 -105 and Water Code sections 350 and 353 authorize the City Council of the City Santa Ana, as the governing body of the City of Santa Ana Water Resources Division, a water distributor, to declare that water shortage emergency conditions prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the Resolution No. 2015 -xxx Page 1 of 5 75B -5 jxs 05/28/2015 distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. H. 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 a declaration that was held on June 2, 2015 at which consumers had an opportunity to be heard to protest against the water shortage emergency declaration and to present their respective needs to the City Council. Pursuant to Santa Ana Municipal Code section 39 -105 and Water Code sections 350 and 353, the City Council shall 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 the Council conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. J. On May 19, 2015, the City Council updated the Santa Ana Municipal Code's "Water Shortage Contingency Plan" and pursuant to Section 39- 105, the City Council is authorized to declare a Phase 2 Water Supply Shortage in order to help conserve water until the water drought conditions have ended. K. Pursuant to Santa Ana Municipal Code section 39 -105 and Water Code section 355, the City of Santa Ana's regulations and restrictions shall remain in full force and effect until the supply of water available for distribution has been replenished or augmented or another phase is implemented. L. The regulations and restrictions may include the right to deny applications for new or additional service connections, and may also include provision for their enforcement by discontinuing service to consumers willfully violating the regulations and restrictions. Section 2. Pursuant to Santa Ana Municipal Code sections 39 -105 and 39 -108 (4) and California Water Code sections 350 and 353, and for the reasons set forth herein, the City Council declares that a water shortage emergency now exists throughout the area served by the City of Santa Ana Water Resources Division and is ordering that water customers must reduce their monthly total potable water consumption by 12 %, using 2013 as the base year; and 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 2 Water Supply Resolution No. 2015 -xxx Page 2 of 5 75B -6 jxs 05126/2015 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; and Section 4. The additional mandatory regulations and restrictions on the delivery of water and the consumption of water within the City are found in section 39- 108 the Santa Ana Municipal Code and are repeated here for convenience: (1) Watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than two days per week or Monday and Thursday. 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) It is prohibited to water lawn, landscape or other turf areas of commercial nurseries or golf courses more often than every other day and watering shall only occur between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) It is prohibited to use water from fire hydrants except for firefighting and related activities. Other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare. (4) 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 2 water supply shortage. There shall be no restriction on the use of reclaimed water under this provision. (5) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired with forty -eight (48) hours of notification by the City, unless other arrangements are made with the City (6) Re- filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. Resolution No. 2015 -xxx Page 3 of 5 75B -7 jxs 05/2612015 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 restrictions by discontinuing service to consumers willfully violating the regulations and restrictions; and 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 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 which deal with the current drought conditions and calls for increased awareness and extraordinary conservation of our precious resource. Section 11. This Resolution shall take 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 2nd day of June, 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Assistant City Attorney Miguel A. Pulido Mayor 75B -8 Resolution No, 2015 -xxx Page 4 of 5 AYES NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council Resolution No 2015 -XXX to be the original City of Santa Ana on June 2, 2015. Date jxs 05/26/2015 do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Council City of Santa Ana 75B -9 Resolution No. 2015 -xxx Page 5 of 5 75B -10