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HomeMy WebLinkAboutItem 7a. Implementation of Governor's Executive Order Drought Mandates Item 7a Department: Utilities Cost Center: 601 For Agenda of: 8/16/2022 Placement: Business Estimated Time: 30 Minutes FROM: Aaron Floyd, Utilities Director Prepared By: Mychal Boerman, Utilities Deputy Director - Water SUBJECT: IMPLEMENTATION OF GOVERNOR’S EMERGENCY DROUGHT MANDATES RECOMMENDATION 1. Adopt a Draft Resolution entitled, “A Resolution of the City of San Luis Obispo, California, declaring that the City enter into Stage 2, the “W arning Stage”, of its 2020 Water Shortage Contingency Plan;” and 2. Authorize staff to implement water demand reducing measures outlined within Stages one and two, the “Warning” and “Watch” stages, of its Water Shortage Contingency Plan. POLICY CONTEXT The Water and Wastewater Management Element of the City’s General P lan contains policies related to how the City plans for and u tilizes its water supplies. Policy A 6.2.2 states that “Mandatory water conservation measures as described in the City’s Water Shortage Contingency Plan, included in the City’s Urban Water Manage ment Plan, may be implemented when the City’s water supplies are projected to last five years or less ”. While the City’s water supplies are currently projected to last more than five years, as documented in the 2022 Water Supply and Demand Assessment, recent action by the State of California has required that all Urban Water Purveyors, including the City of San Luis Obispo, implement the demand management measures outlined within Stage 2 of their water shortage contingency plans, regardless of actual water supply. Had that State of California not mandated this, the City would not have met its adopted thresholds for implementing its W ater Shortage Contingency Plan and would not be requesting the implementation of mandatory water conservation measures at this time. DISCUSSION Background On March 28, 2022, Governor Gavin Newsom signed Executive Order N-7-22, which directed the California State Water Board (Water Board) to consider adopting emergency regulations for urban water conservation in response to multiple consecutive below- average rainfall years. Page 317 of 418 Item 7a On May 24, 2022, the California State Water Board adopted an emergency regulation increasing restrictions on water use across the State. The requirements, which are summarized below, are anticipated to remain in effect until June 10, 202 3, unless the Water Board modifies, readopts, or ends the implementation requirements before this date. Emergency Regulation Requirements Impacting the City 1. Urban Water Suppliers must implement the water demand reduction actions outlined within Stage 2 of their water shortage contingency plans. 2. The irrigation of “non-functional turf” using potable water must be ceased for all commercial, industrial, and institutional sectors. City’s Adopted 2020 Water Shortage Contingency Plan Water Demand Reduction Actions and Increased Public Outreach On June 15, 2021, the City Council voted unanimously to adopt the 2020 Water Shortage Contingency Plan (WSCP) which outlines the measures that the City may take to reduce water demand during a declared (in this instance by the State) water shortage. As a result of recent State mandates, the City is required to implement its adopted water demand reduction actions outlined within the “Warning Stage” of its WSCP. Because the WSCP is a progressive plan, in which later stages build upon the actions of earlier stages, measures within the first stage of the WSCP. The actions outlined within the first two stages of the City’s WSCP include the following: 1. Acceleration of water audit programs for all customer classes 2. Identification of the largest water users in each sector and contacting each for complementary water audits 3. Increasing water waste patrols 4. Conduct water use surveys 5. Implementing rebate programs (under development) 6. Hosting workshops on effective irrigation practices 7. Limiting outdoor watering to the hours between 7:00 PM and 7:00 AM 8. Requiring restaurants to only serve water upon request 9. Restricting the use of decorative water features and fountains The Utilities Department’s Water Resources section will be responsible for the implementation of the above-mentioned water demand reduction measures. Most of these measures can be implemented immediately or within the next few months. They do require the City Council to pass a resolution, declaring that th e City is entering the Warning Stage of its WSCP. The adoption of this resolution will allow the City to take enforcement action on non-compliant parties via the enforcement processes outlined in the City’s municipal code. Page 318 of 418 Item 7a In addition to the demand reduction measures described above, the WSCP also calls for various forms of increased public outreach to assist in water demand reduction. As part of the 2022-23 Budget Supplement the City Council approved a budget increase of $40,000 for additional drought-related public outreach, $18,440 for additional funding for temporary utility billing section support, $117,760 for supplemental staffing support within the Water Resources section, and $30,000 for water conservation rebate programs. This increased funding will ensure that the actions outlined within the WSCP can be executed effectively. No additional funding is being requested as part of this staff report. Non-Functional Turf Irrigation Ban at Commercial, Industrial, and Institutional Sites While the City does not currently have restrictions on the irrigation of turf, the Water Board’s recent action included a ban on the irrigation of “non -functional turf” at commercial, industrial, and institutional (CII) sites. Per the State’s regulations, CII sites include “homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests”. Non-functional turf is defined as “turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Nonfunctional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events”. City staff have designed and mailed a direct-mail postcard to all of the City’s commercial, industrial, and institutional customers in order to raise awareness of this new State requirement. The new requirement is not required to be monitored or enforced upon by the City, but the City is expected to assist with raising awareness of the new regulations within the community. Should a CII property within the City violate the state’s requirement to cease irrigation of non-functional turf, they could be subject to fines of $500 per day or more from the State of California. Figure 1 - Non-functional Turf Mailer Page 319 of 418 Item 7a Impacted City Facilities The City has a minimal number of facilities that are anticipated to be affected by the State’s mandatory conservation order. City Hall, Fire Station #1, the Ludwick Community Center, and the Police Department have turf areas that are classified as “non-functional” in nature. Irrigation of these turf areas has been discontinued and landscaping signs have been posted in these areas to help build public awareness about why the turf is no longer irrigated and has been allowed to die. The Utilities Department has additional signs available if CII customers within the City would like one for their turf areas. Protection of Trees and Public Health and Safety Both the City’s WSCP and the new state regulations specifically allow for the continued irrigation of trees within the community. The State’s new regulations provide that “the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need”. No enforcement action will be taken on customers who are irrigating trees in order to keep them alive. Previous Council or Advisory Body Action On June 15, 2021, the City Council adopted the 2020 W ater Shortage Contingency Plan which outlined the measures the City would take in case of a water shortage emergency. On June 7, 2022, the City Council adopted the 2022-23 Budget Supplement which provided funding for the water demand reduction measures outlined within the City’s WSCP. Public Engagement The City’s Utilities Department has been conducting various public outreach efforts to educate members of the public regarding the new water use restrictions. These efforts include the following: 1. Direct mail postcard to all commercial, industrial, and Institutional customer notifying them of the new ban on irrigation of non-functional turf. 2. Update to the City’s drought webpage which outlines all current water use restrictions. 3. Radio advertisement on local English and Spanish speaking radio stations. 4. Social media and City website articles outlining new regulations. 5. A water-wise landscapes campaign to highlight community efforts to reduce outdoor water use, to promote water-wise landscape renovations, and to raise awareness of the State’s drought regulations. Figure 2 - City Hall “California Gold” Sign Page 320 of 418 Item 7a In addition to public education about the new requirements, Utilities staff posted a website update and social media articles about the new regulations to be discussed at the City Council meeting. These postings will allow community members to plan early for meeting attendance and public comment. CONCURRENCE The City’s Public Works Department concurs with the information contained in this report, including the designation of non-functional turf at select City facilities. ENVIRONMENTAL REVIEW This action is categorically exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) because the proposed drought restrictions which are authorized by state law (Water Conservation Emergency Regulations), are proposed for water conservation purposes, and include procedures for protection of the environment. FISCAL IMPACT Budgeted: Yes Budget Year: 2022-23 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost Water Fund $194,480 $0 $194,480 $0 Sewer Fund $6,720 $6,720 State Federal Fees Other: Total $201,200 $0 $201,200 $0 As outlined in the Budget Supplement, the City Council approve d a one-time budget increase of $40,000 for additional drought-related public outreach, $13,440 for additional funding for temporary utility billing section support, $117,760 for supplemental staffing support within the Water Resources section, and $30,000 for water conservation rebate programs. In full the City Council approved $201,200 in additional drought-related funding in relation to the actions outlined within this staff report. No additional funding is being requested as part of this staff report. Page 321 of 418 Item 7a Though staff is not aware of any additional restrictions as of the writing of this report, the drought conditions are ongoing and could require further action to address additional State mandates. Staff will continue to monitor the situation and return to Council for additional resource allocation, should the need arise. ALTERNATIVES 1. Council could decide not to implement the water demand saving actions outlined within the City’s WSCP. This action is not recommended by staff because such action could result in fines for the City and the loss of future opportunities to pursue low-interest loans and grant financing from the State. 2. Council could decide to implement additional measures to those outlined in the WSCP. This action is not recommended by staff because the City’s water supplies are sufficient to meet current demands and without re gulations from the State of California, the City would not have met wa ter supply conditions necessary to trigger the implementation of the WSCP. ATTACHMENTS A - Draft Resolution Declaring Stage 2 Water Shortage Contingency Plan Page 322 of 418 R ______ RESOLUTION NO. _____ (2022 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DECLARING THAT THE CITY ENTER INTO STAGE 2, THE “WARNING STAGE”, OF ITS 2020 WATER SHORTAGE CONTINGENCY PLAN WHEREAS, the State of California is experiencing its third consecutive year of drought; and WHEREAS, on June 15, 2021, the City Council voted unanimously to adopt the 2020 Water Shortage Contingency Plan; and WHEREAS, on March 28, 2022, Governor Newsom signed Executive Order N -7- 22, directing the California State Water Board to consider adoption of emergency water conservation regulations; and WHEREAS, on May 24, 2022, the California State Water Board adopted an emergency regulation mandating increased restrictions on water use across the state; and WHEREAS, the City’s total water use is substantially lower than the statewide average and within all water use requirements established by the State of California; and WHEREAS, the City’s water supplies are estimated to provide greater than five years of water to the community, and are therefore sufficient as to not warrant entering into a declared water shortage, outside of the state requiring such action; and WHEREAS, the State’s recently adopted emergency water conservation regulations require that water agencies enact the water demand reducing measures established within Stage 2 of their W ater Shortage Contingency Plans (i.e., the “Warning Stage” of the City’s Water Shortage Contingency Plan), regardless of local water supply conditions; and WHEREAS, City Municipal Code Section 13.07.030 – Council water conservation powers, grants the City Council the authority, via adoption of a resolution, to enact the water reducing measures contained within Section 13.07.030 of the Municipal Code, which are in alignment with the “Warning Stage” of the City’s Water Shortage Contingency Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Declaration. In compliance with State of California water conservation regulations, the City of San Luis Obispo hereby declares that it must enter into Stage 2, the “Warning Stage” of its City Council approved Water Shortage Contingency Plan. Page 323 of 418 Resolution No. _____ (2022 Series) Page 2 R ______ SECTION 2. Authority. As outlined in the City’s Municipal Code and Water Shortage Contingency Plan, during the declaration of a water shortage, the City has the authority to restrict water use and leverage appropriate penalties for unauthorized water use in alignment with the measures outlined within the Water Shortage Contingency Plan and City municipal code. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 20 22. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 324 of 418 Implementation of Governor’s Executive Order Drought Mandates2022 Recommendation1. Adopt a Resolution entitled, “A Resolution of the City ofSan Luis Obispo, California, declaring that the City enterinto Stage 2, the “Warning Stage”, of its 2020 WaterShortage Contingency Plan;” and2. Authorize staff to implement water demand reducingmeasures outlined within Stages one and two, the“Warning” and “Watch” stages, of its Water ShortageContingency Plan. Overview1.Drought Conditions2.City Water Supply Update3.Executive Order and Water Board Recommendation4.City’s Water Shortage Contingency Plan5.Non-Functional Turf Irrigation Ban6.Public Engagement San Luis Obispo County City Water Supply Update Executive Order N-7-22• Signed by Governor Newson on March 28, 2022• State Water Board adopted emergency regulations on May 24, 2022Summary of Emergency Regulation Requirements Impacting the City1. Urban Water Suppliers must implement the water demand reduction actions outlined within Level 2 of their water shortage contingency plans.2. The irrigation of “non-functional turf” using potable water must be ceased for all commercial, industrial, and institutional sectors. The City’s Water Shortage Contingency Plan• Adopted by City Council on June 15, 2021• State regulations require that the City implement Stage 2, the “Warning” stage of WSCP The City’s Water Shortage Contingency PlanWater Demand Reduction Actions outlined within the fist two stages of the WSCP include:1. Acceleration of water audit programs for all customer classes2. Identification of the largest water users in each sector and contactingeach forcomplementary water audits3. Increasing water waste patrols4. Implementing rebate programs5. Hosting workshops on effective irrigation practices6. Limiting outdoor watering to the hours between 7:00 PM and 7:00 AM7. Requiring restaurants to only serve water upon request8. Restricting the use of decorative water features and fountains Non-Functional Turf Irrigation Ban• The Water Board’s recent action included a ban on the irrigation of “non-functionalturf” at commercial, industrial, and institutional (CII) sites.• Non-functional turf: “turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Nonfunctional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events”. • Irrigation of trees is exempt Non-Functional Turf Irrigation BanImpacted City Facilities• City Hall• Fire Station #1• Ludwick Community Center• Police StationCity staff have designed and mailed a direct-mail postcard to all of the City’s commercial, industrial, and institutional customers in order to raise awareness of this new State requirement. Public Engagement1. Direct mail postcard to all commercial, industrial, and institutional customers notifying them of the new ban on irrigation of non-functional turf.2. Update to the City’s drought webpage which outlines all current water use restrictions.3. Radio advertisements on local English and Spanish speaking radio stations.4. Social media and City website articles outlining new regulations.5. A water-wise landscapes campaign to highlight community efforts to reduce residential outdoor water use, to promote water-wise landscape renovations, and to raise awareness of the State’s drought regulations. Questions? Recommendation1. Adopt a Resolution entitled, “A Resolution of the City ofSan Luis Obispo, California, declaring that the City enterinto Stage 2, the “Warning Stage”, of its 2020 WaterShortage Contingency Plan;” and2. Authorize staff to implement water demand reducingmeasures outlined within Stages one and two, the“Warning” and “Watch” stages, of its Water ShortageContingency Plan.