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Home My WebLink About75B - PH - RESO - WATER SHORTAGEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 2, 2016 TITLE: PUBLIC HEARING - ADOPT A RESOLUTION REDUCING THE WATER SUPPLY SHORTAGE DECLARATION FROM PHASE 2 TO PHASE 1 (STRATEGIC PLAN NOS. 5,2; 5,61F) le CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a Resolution rescinding the Phase 2 Water Supply Shortage and declaring a Phase 1 Water Supply Shortage. 2. Implement mandatory Phase 1 Water Supply Shortage measures, which include setting a bimonthly water conservation standard of 3 percent, as compared to Base Year 2013 water usage. DISCUSSION Pursuant to Santa Ana Municipal Code (SAMC) Section 39 -105, the City Council is authorized to declare a Phase 1 Water Supply Shortage by adoption of a resolution. Upon its adoption, restrictions on water use will apply, in addition to permanent water conservation requirements that are already in effect. These restrictions are set forth in SAMC 39 -107 and are intended to help the City reduce its monthly total potable water production by 3 percent, using Base Year 2013 water usage, as required by the State of California Drought Emergency Water Conservation regulations. The Phase 1 Water Supply Shortage will be in effect either until the City Council declares that the shortage has ended, or until another phase is implemented. On June 2, 2015 the City Council declared a Phase 2 Water Shortage that instituted a mandatory water use reduction of 12 percent, imposed a two -day watering schedule, and required that leaks be fixed within 48 hours. On May 9, 2016, in response to the improving drought conditions throughout California, the State Water Resources Control Board issued revised drought regulations, allowing local water purveyors to evaluate local water supplies and demands, and set less restrictive water conservation measures accordingly. The City's Water Resources Division, in coordination with wholesale water suppliers and Orange County regional water agencies, has now determined that there are sufficient local water supplies to meet the City's demands in accordance with the methods prescribed by the State Water Resources Control Board. 7513-1 Public Hearing: Resolution Reducing Phase Water Supply Shortage Declaration from Phase 2 to Phase 1 August 2, 2016 Page 2 As a result, staff recommends declaring a Phase 1 Water Supply Shortage. Such a declaration will scale back Phase 2 conservation measures and put the following water conservation requirements into effect: 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 72 hours of notification by the City, unless other arrangements are made with the City. The adoption of this resolution will also reduce the overall water use reduction requirement from 12 percent to 3 percent as compared to Base Year 2013 water usage. As California's water supply begins to returns to normal, the City, as a steward of a valuable water resource, needs to maintain public awareness and understanding of this critical issue and inform residents and business owners of the continued need to conserve water. Adopting this resolution will be a significant step toward encouraging efficient water use and conservation practices, while rolling back existing water use restrictions. 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). 75B -2 Public Hearing: Resolution Shortage Declaration from August 2, 2016 Page 3 Reducing Phase Water Supply Phase 2 to Phase 1 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. f- re Mousavipour' Exe utive Director Public Works Agency FM /NS Exhibits: 1. Resolution 75B -3 75B -4 jmf 0 6/2 912 01 e RESOLUTION NO. 2016 -XXX 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, wafter 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 until the water supply shortage has ended or until another phase has been implemented. Exhibit Resolution No. 2016 -xxx Page 1 of 5 75B -5 jmf 06/2/2016 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 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. Resolution No. 2016 -xxx Page 2 of 5 75B -6 jm1 06/29/2016 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 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 wafter available for distribution within such area has been replenished or Resolution No. 2016 -xxx Page 3 of 5 75B -7 lmf 06/29/2016 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 theirwater 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 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 August, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:haTv" "1t! ,rofin M. Funk Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75B -8 Resolution No. 2016 -xxx Page 4 of 5 jmf 06129/2016 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA 0. HUIZAR, Clerk of the Council d0 hereby attest to and certify the attached Resolution No 2016 -XXX 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 -xxx Page 5 of 5 75B -9 75B -10